NRS 598.365 Seller
to register, deposit security and pay fees before advertising services or
conducting business in this State; certificate of registration; renewal of
certificate. [Effective July 1, 2015.]

NRS 598.366 Seller
to include registration number in advertising; form. [Effective July 1, 2015.]

NRS 598.752 Organization
to register and deposit security before advertising services or conducting
business in this State; separate security not required from salesperson, agent
or representative of organization; regulations.

NRS 598.946 Owner
of dance studio or health club to register and deposit security before
advertising services or conducting business in this State: Amount of security;
adjustment of security; exception from requirement to deposit security.
[Effective July 1, 2015.]

NRS 598.947 Dance
studio or health club to register on prescribed form and pay fee; certificate
of registration; renewal of certificate. [Effective July 1, 2015.]

NRS 598.969 Prohibited
acts: Changing a customer’s carrier without timely authorization; failure to
provide timely written notices and confirmations; engaging in other fraudulent
or deceptive acts; proposing contract to waive or authorize violations of the
protections of this section.

NRS 598.9691 Regulations
governing disclosures made by provider to customer.

NRS 598.0903Definitions.As
used in NRS 598.0903 to 598.0999,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 598.0905 to 598.0947,
inclusive, have the meanings ascribed to them in those sections.

NRS 598.0905“Advertisement” defined.“Advertisement”
means the attempt by publication, dissemination, solicitation or circulation to
induce, directly or indirectly, any person to enter into any obligation to
lease or to acquire any title or interest in any property.

NRS 598.0907“Certification mark” defined.“Certification
mark” means a mark used in connection with the goods or services of a person
other than the certifier to indicate geographic origin, material, mode of
manufacture, quality, accuracy or other characteristics of the goods or
services or to indicate that the work or labor on the goods or services was
performed by members of a union or other organization.

(Added to NRS by 1973, 1482)

NRS 598.091“Collective mark” defined.“Collective
mark” means a mark used by members of a cooperative, association or other
collective group or organization to identify goods or services and distinguish
them from those of others, or to indicate membership in the collective group or
organization.

NRS 598.0915“Deceptive trade practice” defined.A
person engages in a “deceptive trade practice” if, in the course of his or her
business or occupation, he or she:

1. Knowingly passes off goods or services
for sale or lease as those of another person.

2. Knowingly makes a false representation
as to the source, sponsorship, approval or certification of goods or services
for sale or lease.

3. Knowingly makes a false representation
as to affiliation, connection, association with or certification by another
person.

4. Uses deceptive representations or
designations of geographic origin in connection with goods or services for sale
or lease.

5. Knowingly makes a false representation
as to the characteristics, ingredients, uses, benefits, alterations or quantities
of goods or services for sale or lease or a false representation as to the
sponsorship, approval, status, affiliation or connection of a person therewith.

6. Represents that goods for sale or lease
are original or new if he or she knows or should know that they are
deteriorated, altered, reconditioned, reclaimed, used or secondhand.

7. Represents that goods or services for
sale or lease are of a particular standard, quality or grade, or that such
goods are of a particular style or model, if he or she knows or should know
that they are of another standard, quality, grade, style or model.

8. Disparages the goods, services or
business of another person by false or misleading representation of fact.

9. Advertises goods or services with
intent not to sell or lease them as advertised.

10. Advertises goods or services for sale
or lease with intent not to supply reasonably expectable public demand, unless
the advertisement discloses a limitation of quantity.

11. Advertises goods or services as being
available free of charge with intent to require payment of undisclosed costs as
a condition of receiving the goods or services.

12. Advertises under the guise of
obtaining sales personnel when the purpose is to first sell or lease goods or
services to the sales personnel applicant.

13. Makes false or misleading statements
of fact concerning the price of goods or services for sale or lease, or the
reasons for, existence of or amounts of price reductions.

14. Fraudulently alters any contract,
written estimate of repair, written statement of charges or other document in
connection with the sale or lease of goods or services.

15. Knowingly makes any other false
representation in a transaction.

16. Knowingly falsifies an application for
credit relating to a retail installment transaction, as defined in NRS 97.115.

NRS 598.0916“Deceptive trade practice” defined.A
person engages in a “deceptive trade practice” when, in the course of his or
her business or occupation, he or she disseminates an unsolicited prerecorded
message to solicit a person to purchase goods or services by telephone and he
or she does not have a preexisting business relationship with the person being
called unless a recorded or unrecorded natural voice:

1. Informs the person who answers the
telephone call of the nature of the call; and

2. Provides to the person who answers the
telephone call the name, address and telephone number of the business or
organization, if any, represented by the caller.

NRS 598.0917“Deceptive trade practice” defined.A
person engages in a “deceptive trade practice” when in the course of his or her
business or occupation he or she employs “bait and switch” advertising, which
consists of an offer to sell or lease goods or services which the seller or
lessor in truth may not intend or desire to sell or lease, accompanied by one
or more of the following practices:

1. Refusal to show the goods advertised.

2. Disparagement in any material respect
of the advertised goods or services or the terms of sale or lease.

3. Requiring other sales or other
undisclosed conditions to be met before selling or leasing the advertised goods
or services.

4. Refusal to take orders for the sale or
lease of goods or services advertised for delivery within a reasonable time.

5. Showing or demonstrating defective
goods for sale or lease which are unusable or impractical for the purposes set forth
in the advertisement.

6. Accepting a deposit for the goods or
services for sale or lease and subsequently switching the purchase order or
lease to higher priced goods or services.

7. Tendering a lease of goods advertised
for sale or a sale of goods advertised for lease or tendering terms of sale or
lease less favorable than the terms advertised.

NRS 598.092“Deceptive trade practice” defined.A
person engages in a “deceptive trade practice” when in the course of his or her
business or occupation he or she:

1. Knowingly fails to identify goods for
sale or lease as being damaged by water.

2. Solicits by telephone or door to door
as a lessor or seller, unless the lessor or seller identifies himself or
herself, whom he or she represents and the purpose of his or her call within 30
seconds after beginning the conversation.

3. Knowingly states that services,
replacement parts or repairs are needed when no such services, replacement
parts or repairs are actually needed.

4. Fails to make delivery of goods or
services for sale or lease within a reasonable time or to make a refund for the
goods or services, if he or she allows refunds.

5. Advertises or offers an opportunity for
investment and:

(a) Represents that the investment is guaranteed,
secured or protected in a manner which he or she knows or has reason to know is
false or misleading;

(b) Represents that the investment will earn a
rate of return which he or she knows or has reason to know is false or
misleading;

(c) Makes any untrue statement of a material fact
or omits to state a material fact which is necessary to make another statement,
considering the circumstances under which it is made, not misleading;

(d) Fails to maintain adequate records so that an
investor may determine how his or her money is invested;

(e) Fails to provide information to an investor
after a reasonable request for information concerning his or her investment;

(f) Fails to comply with any law or regulation
for the marketing of securities or other investments; or

(g) Represents that he or she is licensed by an
agency of the State to sell or offer for sale investments or services for
investments if he or she is not so licensed.

6. Charges a fee for advice with respect
to investment of money and fails to disclose:

(a) That he or she is selling or offering to
lease goods or services and, if he or she is, their identity; or

(b) That he or she is licensed by an agency of
any state or of the United States to sell or to offer for sale investments or
services for investments or holds any other license related to the service he
or she is providing.

7. Notifies any person, by any means, as a
part of an advertising plan or scheme, that he or she has won a prize and that
as a condition of receiving the prize he or she must purchase or lease goods or
services.

8. Knowingly misrepresents the legal
rights, obligations or remedies of a party to a transaction.

9. Fails, in a consumer transaction that
is rescinded, cancelled or otherwise terminated in accordance with the terms of
an agreement, advertisement, representation or provision of law, to promptly
restore to a person entitled to it a deposit, down payment or other payment or,
in the case of property traded in but not available, the agreed value of the
property or fails to cancel within a specified time or an otherwise reasonable
time an acquired security interest. This subsection does not apply to a person
who is holding a deposit, down payment or other payment on behalf of another if
all parties to the transaction have not agreed to the release of the deposit,
down payment or other payment.

10. Fails to inform customers, if he or
she does not allow refunds or exchanges, that he or she does not allow refunds
or exchanges by:

(a) Printing a statement on the face of the lease
or sales receipt;

(b) Printing a statement on the face of the price
tag; or

(c) Posting in an open and conspicuous place a
sign at least 8 by 10 inches in size with boldface letters,

12. Knowingly takes advantage of another
person’s inability reasonably to protect his or her own rights or interests in
a consumer transaction when such an inability is due to illiteracy, or to a
mental or physical infirmity or another similar condition which manifests
itself as an incapability to understand the language or terms of any agreement.

1. A person engages in a “deceptive trade
practice” if, in the course of his or her business or occupation:

(a) He or she issues a gift certificate that
expires on a certain date, unless either of the following is printed plainly
and conspicuously on the front or back of the gift certificate in at least
10-point font and in such a manner that the print is readily visible to the
buyer of the gift certificate before the buyer purchases the gift certificate:

(1) The expiration date of the gift
certificate; or

(2) A toll-free telephone number
accompanied by a statement setting forth that the buyer or holder of the gift
certificate may call the telephone number to obtain the balance of the gift
certificate and the expiration date of the gift certificate;

(b) He or she imposes upon the buyer or holder of
a gift certificate a service fee, unless each of the following is printed
plainly and conspicuously on the front or back of the gift certificate in at
least 10-point font and in such a manner that the print is readily visible to
the buyer of the gift certificate before the buyer purchases the gift
certificate:

(1) The amount of the service fee;

(2) The event or events that will cause
the service fee to be imposed;

(3) The frequency with which the service
fee will be imposed; and

(4) If the service fee will be imposed on
the basis of inactivity, the duration of inactivity, which must not be less
than 3 continuous years of nonuse, that will cause the service fee to be
imposed; or

(c) Regardless of the notice provided, he or she
imposes upon the buyer or holder of a gift certificate:

(1) A service fee or a combination of
service fees that exceed a total of $1 per month; or

(2) A service fee that commences or is
imposed within the first 12 months after the issuance of the gift certificate.

2. The provisions of this section do not
apply to:

(a) A gift certificate that is issued as part of
an award, loyalty, promotional, rebate, incentive or reward program and for
which issuance the issuer does not receive money or any other thing of value;

(b) A gift certificate that is sold at a reduced
price to an employer or nonprofit or charitable organization, if the expiration
date of the gift certificate is not more than 30 days after the date of sale;
and

(c) A gift certificate that is issued by an
establishment licensed pursuant to the provisions of chapter 463 of NRS.

3. As used in this section:

(a) “Gift certificate” means an instrument or a
record evidencing a promise by the seller or issuer of the instrument or record
to provide goods or services to the holder of the gift certificate for the
value shown in, upon or ascribed to the instrument or record and for which the value
shown in, upon or ascribed to the instrument or record is decreased in an
amount equal to the value of goods or services provided by the issuer or seller
to the holder. The term includes, without limitation, a gift card, certificate
or similar instrument. The term does not include:

(1) An instrument or record for prepaid
telecommunications or technology services, including, without limitation, a
card for prepaid telephone services, a card for prepaid technical support
services and an instrument for prepaid Internet service purchased or otherwise
distributed to a consumer of such services, including, without limitation, as part
of an award, loyalty, promotional or reward program; or

(2) An instrument or record, by whatever
name called, that may be used to obtain goods or services from more than one
person or business entity, if the expiration date is printed plainly and
conspicuously on the front or back of the instrument or record.

(b) “Issue” means to sell or otherwise provide a
gift certificate to any person and includes, without limitation, adding value
to an existing gift certificate.

(c) “Record” means information which is inscribed
on a tangible medium or which is stored in an electronic or other medium,
including, without limitation, information stored on a microprocessor chip or
magnetic strip, and is retrievable in perceivable form.

(d) “Service fee” means any charge or fee other
than the charge or fee imposed for the issuance of the gift certificate,
including, without limitation, a service fee imposed on the basis of inactivity
or any other type of charge or fee imposed after the sale of the gift
certificate.

1. Except as otherwise provided in
subsection 2, a person engages in a “deceptive trade practice” if the person
advertises or conducts a live musical performance or production in this State
through the use of a false, deceptive or misleading affiliation, connection or
association between a performing group and a recording group.

2. A person does not engage in a
“deceptive trade practice” pursuant to subsection 1 if:

(a) The performing group is the authorized
registrant and owner of a federal service mark comprising in whole or dominant
part the mark or name of that group registered in the United States Patent and
Trademark Office;

(b) At least one member of the performing group
was a member of the recording group and has a legal right by virtue of use or
operation under the group name without having abandoned the name or affiliation
with the group;

(c) The live musical performance or production is
identified in all advertising and promotion as a salute or tribute and the name
of the performing group is not so closely related or similar to that used by
the recording group that it would tend to confuse or mislead the public;

(d) The advertising does not relate to a live
musical performance or production taking place in this State; or

(e) The performance or production is expressly
authorized in writing by the recording group.

3. As used in this section:

(a) “Performing group” means a vocal or
instrumental group seeking to use the name of another group that has previously
released a commercial sound recording under that name.

(b) “Person” means the performing group or its
promoter, manager or agent. The term does not include the performance venue or
its owners, managers or operators unless the performance venue has a
controlling or majority ownership interest in and produces the performing
group.

(c) “Recording group” means a vocal or
instrumental group at least one of whose members has previously released a
commercial sound recording under that group’s name and in which the member or
members have a legal right by virtue of use or operation under the group name
without having abandoned the name or affiliation with the group.

(d) “Sound recording” means a work that results
from the fixation on a material object of a series of musical, spoken or other
sounds regardless of the nature of the material object, such as a cassette
tape, compact disc or phonograph album, in which the sounds are embodied.

1. A provider or vendor of floral or
ornamental products or services engages in a “deceptive trade practice” if the
provider or vendor misrepresents the geographic location of its business by
listing:

(a) A local telephone number in any advertisement
or listing unless the advertisement or listing identifies the actual physical
address, including the city and state, of the provider or vendor’s business.

(b) An assumed or fictitious business name in any
advertisement or listing if:

(1) The name of the business misrepresents
the provider or vendor’s geographic location; and

(2) The advertisement or listing does not
identify the actual physical address, including the city and state, of the
provider or vendor’s business.

2. The provisions of this section do not
apply to:

(a) A publisher of a telephone directory or any
other publication or a provider of a directory assistance service that
publishes or provides information about another business;

(b) An Internet website that aggregates and
provides information about other businesses;

(c) An owner or publisher of a print advertising
medium that provides information about other businesses;

(d) An Internet service provider; or

(e) An Internet service that displays or
distributes advertisements for other businesses.

3. This section does not create or impose
a duty or an obligation on a person other than a vendor or provider described
in subsection 1.

(b) “Local telephone number” means a specific
telephone number, including the area code and prefix, assigned for the purpose
of completing local telephone calls between a calling party or station and any
other party or station within a telephone exchange located in this State or its
designated local calling areas. The term does not include long distance
telephone numbers or toll-free telephone numbers listed in a local telephone
directory.

1. Except as otherwise provided in this
section, a person engages in a “deceptive trade practice” when, in the course
of his or her business or occupation, he or she:

(a) Makes an assertion of scientific, clinical or
quantifiable fact in an advertisement which would cause a reasonable person to
believe that the assertion is true, unless, at the time the assertion is made,
the person making it has possession of factually objective scientific, clinical
or quantifiable evidence which substantiates the assertion; or

(b) Fails upon request of the Attorney General to
produce within 6 working days the substantiating evidence in his or her
possession at the time the assertion of scientific, clinical or quantifiable
fact was made.

2. This section does not apply to general
assertions of opinion as to quality, value or condition made without the intent
to mislead another person.

1. Except as otherwise provided in this
section, a person engages in a “deceptive trade practice” when, in the course
of his or her business or occupation, he or she:

(a) Makes an assertion of scientific, clinical or
quantifiable fact in an advertisement which would cause a reasonable person to
believe that the assertion is true, unless, at the time the assertion is made,
the person making it has possession of factually objective scientific, clinical
or quantifiable evidence which substantiates the assertion; or

(b) Fails upon request of the Commissioner or
Attorney General to produce within 6 working days the substantiating evidence
in his or her possession at the time the assertion of scientific, clinical or
quantifiable fact was made.

2. This section does not apply to general
assertions of opinion as to quality, value or condition made without the intent
to mislead another person.

NRS 598.0935“Mark” defined.“Mark”
means a word, name, symbol, device or any combination of the foregoing in any
form or arrangement.

(Added to NRS by 1973, 1484)

NRS 598.0936“Person with a disability” defined.“Person
with a disability” means a person who:

1. Has a physical or mental impairment
that substantially limits one or more of the major life activities of the person;

2. Has a record of such an impairment; or

3. Is regarded as having such an
impairment.

(Added to NRS by 1993, 1978)—(Substituted
in revision for NRS 598.093)

NRS 598.0937“Property” defined.“Property”
means any real or personal property, or both real and personal property,
intangible property or services.

(Added to NRS by 1973, 1484)

NRS 598.094“Sale” defined.“Sale”
includes any sale, offer for sale or attempt to sell any property for any
consideration.

(Added to NRS by 1973, 1484)

NRS 598.0943“Service mark” defined.“Service
mark” means a mark used by a person to identify services and to distinguish
them from the services of others.

(Added to NRS by 1973, 1484)

NRS 598.0945“Trademark” defined.“Trademark”
means a mark used by a person to identify goods and to distinguish them from
the goods of others.

(Added to NRS by 1973, 1484)

NRS 598.0947“Trade name” defined.“Trade
name” means a word, name, symbol, device or any combination of the foregoing in
any form or arrangement used by a person to identify his or her business or
occupation, and to distinguish it from the business or occupation of others.

(Added to NRS by 1973, 1484)

NRS 598.0953Engaging in deceptive trade practice prima facie evidence of
intent to injure competitor; other rights of action not limited.

1. Evidence that a person has engaged in a
deceptive trade practice is prima facie evidence of intent to injure
competitors and to destroy or substantially lessen competition.

2. The deceptive trade practices listed in
NRS 598.0915 to 598.0925,
inclusive, are in addition to and do not limit the types of unfair trade
practices actionable at common law or defined as such in other statutes of this
State.

(a) Conduct in compliance with the orders or
rules of, or a statute administered by, a federal, state or local governmental
agency.

(b) Publishers, including outdoor advertising
media, advertising agencies, broadcasters or printers engaged in the
dissemination of information or reproduction of printed or pictorial matter who
publish, broadcast or reproduce material without knowledge of its deceptive
character.

(c) Actions or appeals pending on July 1, 1973.

2. The provisions of NRS 598.0903 to 598.0999,
inclusive, do not apply to the use by a person of any service mark, trademark,
certification mark, collective mark, trade name or other trade identification
which was used and not abandoned prior to July 1, 1973, if the use was in good
faith and is otherwise lawful except for the provisions of NRS 598.0903 to 598.0999,
inclusive.

NRS 598.0957Director may delegate powers and duties. [Effective July 1,
2015.]The Director may, in one or
more particular cases, delegate his or her powers and duties under the
provisions of NRS 598.0903 to 598.0999, inclusive, to any person under his or her
direct supervision and direction.

NRS 598.0959Advisory committees: Creation and appointment; membership;
compensation. [Effective July 1, 2015.]The
Commissioner and Director may, independently, create and appoint advisory
committees whenever necessary to advise them in the performance of their powers
and duties pursuant to NRS 598.0903 to 598.0999, inclusive. Any such committee must be
created by a regulation adopted in accordance with the provisions of chapter 233B of NRS. The regulation must
specify:

1. The membership of the committee;

2. The duties of the committee and the
purpose for which it is created;

3. The period of existence of the
committee; and

4. The rules for the governance of the
committee.

Ê The
membership of the committee must include a member who is a representative of
any business or industry which may be affected by any advice provided by the
committee. The members of an advisory committee created pursuant to this
section serve without compensation unless an appropriation or other money for
that purpose is provided by the Legislature.

NRS 598.096Powers of Attorney General. [Effective through June 30, 2015.]When the Attorney General has cause to believe
that any person has engaged or is engaging in any deceptive trade practice, he
or she may:

1. Request the person to file a statement or
report in writing under oath or otherwise, on such forms as may be prescribed
by the Attorney General, as to all facts and circumstances concerning the sale
or advertisement of property by the person, and such other data and information
as the Attorney General may deem necessary.

2. Examine under oath any person in
connection with the sale or advertisement of any property.

3. Examine any property or sample thereof,
record, book, document, account or paper as he or she may deem necessary.

4. Make true copies, at the expense of the
Attorney General, of any record, book, document, account or paper examined
pursuant to subsection 3, which copies may be offered into evidence in lieu of
the originals thereof in actions brought pursuant to NRS
598.097.

5. Pursuant to an order of any district
court, impound any sample of property which is material to the deceptive trade
practice and retain the property in his or her possession until completion of
all proceedings as provided in NRS 598.0903 to 598.0999, inclusive. An order may not be issued
pursuant to this subsection unless:

(a) The Attorney General and the court give the
accused full opportunity to be heard; and

(b) The Attorney General proves by clear and
convincing evidence that the business activities of the accused will not be
impaired thereby.

NRS 598.096Powers of Director,
Commissioner and Attorney General. [Effective July 1, 2015.]When the Commissioner, Director or Attorney
General has cause to believe that any person has engaged or is engaging in any
deceptive trade practice, he or she may:

1. Request the person to file a statement
or report in writing under oath or otherwise, on such forms as may be
prescribed by the Commissioner, Director or Attorney General, as to all facts
and circumstances concerning the sale or advertisement of property by the
person, and such other data and information as the Commissioner, Director or
Attorney General may deem necessary.

2. Examine under oath any person in
connection with the sale or advertisement of any property.

3. Examine any property or sample thereof,
record, book, document, account or paper as he or she may deem necessary.

4. Make true copies, at the expense of the
Consumer Affairs Division of the Department of Business and Industry, of any
record, book, document, account or paper examined pursuant to subsection 3,
which copies may be offered into evidence in lieu of the originals thereof in
actions brought pursuant to NRS 598.097 and 598.0979.

5. Pursuant to an order of any district
court, impound any sample of property which is material to the deceptive trade
practice and retain the property in his or her possession until completion of
all proceedings as provided in NRS 598.0903 to 598.0999, inclusive. An order may not be issued
pursuant to this subsection unless:

(a) The Commissioner, Director or Attorney
General and the court give the accused full opportunity to be heard; and

(b) The Commissioner, Director or Attorney
General proves by clear and convincing evidence that the business activities of
the accused will not be impaired thereby.

1. The Attorney General may institute
criminal proceedings to enforce the provisions of NRS
598.0903 to 598.0999, inclusive. The Attorney
General is not required to obtain leave of the court before instituting
criminal proceedings pursuant to this subsection.

2. If the Attorney General has reason to
believe that a person has engaged or is engaging in a deceptive trade practice,
the Attorney General may bring an action in the name of the State of Nevada
against that person to obtain a temporary restraining order, a preliminary or
permanent injunction, or other appropriate relief.

3. If the Attorney General has cause to
believe that a person has engaged or is engaging in a deceptive trade practice,
the Attorney General may issue a subpoena to require the testimony of any
person or the production of any documents, and may administer an oath or
affirmation to any person providing such testimony. The subpoena must be served
upon the person in the manner required for service of process in this State or
by certified mail with return receipt requested. An employee of the Attorney
General may personally serve the subpoena.

1. Whenever the Attorney General is
requested in writing by the Commissioner or the Director to represent him or
her in instituting a legal proceeding against a person who has engaged or is
engaging in a deceptive trade practice, the Attorney General may bring an
action in the name of the State of Nevada against that person on behalf of the
Commissioner or Director.

2. The Attorney General may institute
criminal proceedings to enforce the provisions of NRS
598.0903 to 598.0999, inclusive. The Attorney
General is not required to obtain leave of the court before instituting
criminal proceedings pursuant to this subsection.

3. If the Attorney General has reason to
believe that a person has engaged or is engaging in a deceptive trade practice,
the Attorney General may bring an action in the name of the State of Nevada
against that person to obtain a temporary restraining order, a preliminary or
permanent injunction, or other appropriate relief.

4. If the Attorney General has cause to
believe that a person has engaged or is engaging in a deceptive trade practice,
the Attorney General may issue a subpoena to require the testimony of any
person or the production of any documents, and may administer an oath or
affirmation to any person providing such testimony. The subpoena must be served
upon the person in the manner required for service of process in this State or
by certified mail with return receipt requested. An employee of the Attorney
General may personally serve the subpoena.

NRS 598.0964Use and sharing of confidential information by Attorney General;
cooperation between Attorney General and other agencies and officials.

1. The Attorney General, in the course of
the investigation of any alleged violations of this chapter, may obtain and use
any intelligence, investigative information or other information obtained by or
made available to the Attorney General. Except as otherwise provided in
subsections 2 and 3, any such intelligence or information received must retain
its confidential status under the laws of this State until the Attorney General
institutes civil or criminal proceedings and is exempt from the provisions of NRS 239.010.

2. Except as otherwise provided in
subsection 4, the Attorney General may cooperate with and coordinate the
enforcement of the provisions of this chapter with State and local agencies,
officials of the Federal Government and the several states, including, but not
limited to, the sharing of information and evidence obtained in accordance with
subsection 1 or NRS 598.0963.

3. The provisions of subsections 1 and 2
do not prohibit the Attorney General from disclosing any intelligence or
information received pursuant to subsection 1, including, without limitation,
the address or telephone number of a business or organization, before the
Attorney General institutes civil or criminal proceedings if, in the discretion
of the Attorney General, that disclosure is necessary to protect consumers and
businesses.

4. If any information sought pursuant to
an investigation of an alleged violation of this chapter includes a trade
secret, the Attorney General shall enter into, and be bound by, an agreement
regarding limitations on the disclosure of that information to protect that
trade secret. Notwithstanding the provisions of this section, the Attorney
General shall not disclose that information in violation of the terms of the
agreement. For the purposes of this subsection, “trade secret” has the meaning
ascribed to it in NRS 600A.030.

1. Within the limits of legislative
appropriation and the availability of personnel, the Commissioner or Director
shall provide investigative assistance, including the identification and use of
relevant evidence in his or her possession, necessary for litigation referred
to the Attorney General pursuant to NRS 598.0963
or 598.0979. The Attorney General shall provide
legal advice and guidance to the Commissioner or Director in carrying out his
or her powers and duties pursuant to NRS 598.0903
to 598.0999, inclusive, including the
investigation of any alleged violation of those sections and the preparation
for litigation.

2. Upon written request by the Attorney
General, the Commissioner or Director may provide any investigative assistance,
including evidence and information in his or her possession, for use in any
action brought by the Attorney General pursuant to subsection 3 of NRS 598.0963. No request for assistance may be
unreasonably denied.

1. There is hereby created a revolving
account for the Consumer Affairs Division of the Department of Business and
Industry in the sum of $7,500, which must be used for the payment of expenses
related to conducting an undercover investigation of a person who is allegedly
engaging in a deceptive trade practice.

2. The Commissioner shall deposit the
money in the revolving account in a bank or credit union qualified to receive
deposits of public money as provided by law, and the deposit must be secured by
a depository bond satisfactory to the State Board of Examiners.

3. The Commissioner or the designee of the
Commissioner may:

(a) Sign all checks drawn upon the revolving
account; and

(b) Make withdrawals of cash from the revolving
account.

4. Payments made from the revolving
account must be promptly reimbursed from the legislative appropriation, if any,
to the Consumer Affairs Division for the expenses related to conducting an
undercover investigation of a person who is allegedly engaging in a deceptive
trade practice. The claim for reimbursement must be processed and paid as other
claims against the State are paid.

1. The Commissioner and the Director, in
addition to other powers conferred upon them by NRS
598.0903 to 598.0999, inclusive, may issue
subpoenas to require the attendance of witnesses or the production of
documents, conduct hearings in aid of any investigation or inquiry and
prescribe such forms and adopt such regulations as may be necessary to
administer the provisions of NRS 598.0903 to 598.0999, inclusive. Such regulations may include,
without limitation, provisions concerning the applicability of the provisions
of NRS 598.0903 to 598.0999,
inclusive, to particular persons or circumstances.

2. Service of any notice or subpoena must
be made as provided in N.R.C.P. 45(c).

NRS 598.097Attorney General: Equitable relief. [Effective through June 30,
2015.]If any person fails to
cooperate with any investigation, as provided in NRS
598.096, or if any person fails to obey a subpoena issued by the Attorney
General pursuant to NRS 598.0963, the Attorney
General may apply to any district court for equitable relief. The application
must state reasonable grounds showing that the relief is necessary to terminate
or prevent a deceptive trade practice. If the court is satisfied of the
reasonable grounds, the court may:

1. Grant injunctive relief restraining the
sale or advertisement of any property by the person.

2. Require the attendance of or the
production of documents by the person, or both.

NRS 598.097Commissioner, Director
and Attorney General: Equitable relief. [Effective July 1, 2015.]If any person fails to cooperate with any
investigation, as provided in NRS 598.096, or if
any person fails to obey a subpoena issued by the Commissioner, Director or
Attorney General pursuant to NRS 598.0963 or 598.0967, the Commissioner, Director or Attorney
General may apply to any district court for equitable relief. The application
must state reasonable grounds showing that the relief is necessary to terminate
or prevent a deceptive trade practice. If the court is satisfied of the
reasonable grounds, the court may:

1. Grant injunctive relief restraining the
sale or advertisement of any property by the person.

2. Require the attendance of or the
production of documents by the person, or both.

1. If, after an investigation, the
Commissioner has reasonable cause to believe that any person has been engaged
or is engaging in any deceptive trade practice in violation of NRS 598.0903 to 598.0999,
inclusive, the Commissioner may issue an order directed to the person to show
cause why the Commissioner should not order the person to cease and desist from
engaging in the practice. The order must contain a statement of the charges and
a notice of a hearing to be held thereon. The order must be served upon the
person directly or by certified or registered mail, return receipt requested.

2. If, after conducting a hearing pursuant
to the provisions of subsection 1, the Commissioner determines that the person
has violated any of the provisions of NRS 598.0903
to 598.0999, inclusive, or if the person fails to
appear for the hearing after being properly served with the statement of
charges and notice of hearing, the Commissioner may make a written report of
his or her findings of fact concerning the violation and cause to be served a
copy thereof upon the person and any intervener at the hearing. If the
Commissioner determines in the report that such a violation has occurred, he or
she may order the violator to:

(a) Cease and desist from engaging in the
practice or other activity constituting the violation;

(b) Pay the costs of conducting the
investigation, costs of conducting the hearing, costs of reporting services,
fees for experts and other witnesses, charges for the rental of a hearing room
if such a room is not available to the Commissioner free of charge, charges for
providing an independent hearing officer, if any, and charges incurred for any
service of process, if the violator is adjudicated to have committed a
violation of NRS 598.0903 to 598.0999, inclusive; and

(c) Provide restitution for any money or property
improperly received or obtained as a result of the violation.

Ê The order
must be served upon the person directly or by certified or registered mail,
return receipt requested. The order becomes effective upon service in the
manner provided in this subsection.

3. Any person whose pecuniary interests
are directly and immediately affected by an order issued pursuant to subsection
2 or who is aggrieved by the order may petition for judicial review in the
manner provided in chapter 233B of NRS.
Such a petition must be filed within 30 days after the service of the order.
The order becomes final upon the filing of the petition.

4. If a person fails to comply with any
provision of an order issued pursuant to subsection 2, the Commissioner may,
through the Attorney General, at any time after 30 days after the service of
the order, cause an action to be instituted in the district court of the county
wherein the person resides or has his or her principal place of business
requesting the court to enforce the provisions of the order or to provide any
other appropriate injunctive relief.

5. If the court finds that:

(a) The violation complained of is a deceptive
trade practice;

(b) The proceedings by the Commissioner
concerning the written report and any order issued pursuant to subsection 2 are
in the interest of the public; and

(c) The findings of the Commissioner are
supported by the weight of the evidence,

Ê the court
shall issue an order enforcing the provisions of the order of the Commissioner.

6. Except as otherwise provided in NRS 598.0974, an order issued pursuant to subsection
5 may include:

(a) A provision requiring the payment to the
Commissioner of a penalty of not more than $5,000 for each act amounting to a
failure to comply with the Commissioner’s order; or

(b) Such injunctive or other equitable or
extraordinary relief as is determined appropriate by the court.

7. Any aggrieved party may appeal from the
final judgment, order or decree of the court in a like manner as provided for
appeals in civil cases.

8. Upon the violation of any judgment,
order or decree issued pursuant to subsection 5 or 6, the Commissioner, after a
hearing thereon, may proceed in accordance with the provisions of NRS 598.0999.

1. Except as otherwise provided in NRS 598.0974, in any action brought pursuant to NRS 598.0979 to 598.099,
inclusive, if the court finds that a person has engaged in a deceptive trade
practice directed toward an elderly person or a person with a disability, the
court may, in addition to any other civil or criminal penalty, impose a civil
penalty of not more than $12,500 for each violation.

(a) The conduct of the person was in disregard of
the rights of the elderly person or person with a disability;

(b) The person knew or should have known that his
or her conduct was directed toward an elderly person or a person with a
disability;

(c) The elderly person or person with a
disability was more vulnerable to the conduct of the person because of the age,
health, infirmity, impaired understanding, restricted mobility or disability of
the elderly person or person with a disability;

(d) The conduct of the person caused the elderly
person or person with a disability to suffer actual and substantial physical,
emotional or economic damage;

(e) The conduct of the person caused the elderly
person or person with a disability to suffer:

(1) Mental or emotional anguish;

(2) The loss of the primary residence of
the elderly person or person with a disability;

(3) The loss of the principal employment
or source of income of the elderly person or person with a disability;

(4) The loss of money received from a
pension, retirement plan or governmental program;

(5) The loss of property that had been set
aside for retirement or for personal or family care and maintenance;

(6) The loss of assets which are essential
to the health and welfare of the elderly person or person with a disability; or

(7) Any other interference with the
economic well-being of the elderly person or person with a disability,
including the encumbrance of his or her primary residence or principal source
of income; or

NRS 598.0974Civil penalty prohibited under certain circumstances. [Effective
through June 30, 2015.]A civil
penalty must not be imposed against any person who engages in a deceptive trade
practice pursuant to NRS 598.0903 to 598.0999, inclusive, in a civil proceeding brought by
the Attorney General if a fine has previously been imposed against that person
by the Department of Motor Vehicles pursuant to NRS 482.554 for the same act.

NRS 598.0974Civil penalty prohibited
under certain circumstances. [Effective July 1, 2015.]A
civil penalty must not be imposed against any person who engages in a deceptive
trade practice pursuant to NRS 598.0903 to 598.0999, inclusive, in a civil proceeding brought by
the Commissioner, Director or Attorney General if a fine has previously been
imposed against that person by the Department of Motor Vehicles pursuant to NRS 482.554 for the same act.

NRS 598.0975Deposit and use of money collected pursuant to NRS
598.0903 to 598.0999, inclusive. [Effective
through June 30, 2015.]

1. Except as otherwise provided in
subsection 3 and in subsection 1 of NRS 598.0999,
all fees, civil penalties and any other money collected pursuant to the
provisions of NRS 598.0903 to 598.0999, inclusive:

(a) In an action brought by the Attorney General,
must be deposited in the State General Fund and may only be used to offset the
costs of administering and enforcing the provisions of NRS
598.0903 to 598.0999, inclusive.

(b) In an action brought by the district attorney
of a county, must be deposited with the county treasurer of that county and
accounted for separately in the county general fund.

2. Money in the account created pursuant
to paragraph (b) of subsection 1 must be used by the district attorney of the
county for:

(a) The investigation and prosecution of
deceptive trade practices against elderly persons or persons with disabilities;
and

(b) Programs for the education of consumers which
are directed toward elderly persons or persons with disabilities, law
enforcement officers, members of the judicial system, persons who provide
social services and the general public.

(b) Restitution ordered pursuant to NRS 598.0903 to 598.0999,
inclusive, in an action brought by the Attorney General. Money collected for
restitution ordered in such an action must be deposited by the Attorney General
and credited to the appropriate account of the Attorney General for
distribution to the person for whom the restitution was ordered.

NRS 598.0975Deposit and use of money
collected pursuant to NRS 598.0903 to 598.0999,
inclusive. [Effective July 1, 2015.]

1. Except as otherwise provided in
subsection 3 and in subsection 1 of NRS 598.0999,
all fees, civil penalties and any other money collected pursuant to the
provisions of NRS 598.0903 to 598.0999, inclusive:

(a) In an action brought by the Attorney General,
Commissioner or Director, must be deposited in the State General Fund and may
only be used to offset the costs of administering and enforcing the provisions
of NRS 598.0903 to 598.0999,
inclusive.

(b) In an action brought by the district attorney
of a county, must be deposited with the county treasurer of that county and
accounted for separately in the county general fund.

2. Money in the account created pursuant
to paragraph (b) of subsection 1 must be used by the district attorney of the
county for:

(a) The investigation and prosecution of
deceptive trade practices against elderly persons or persons with disabilities;
and

(b) Programs for the education of consumers which
are directed toward elderly persons or persons with disabilities, law
enforcement officers, members of the judicial system, persons who provide
social services and the general public.

(b) Restitution ordered pursuant to NRS 598.0903 to 598.0999,
inclusive, in an action brought by the Attorney General. Money collected for
restitution ordered in such an action must be deposited by the Attorney General
and credited to the appropriate account of the Consumer Affairs Division of the
Department of Business and Industry or the Attorney General for distribution to
the person for whom the restitution was ordered.

NRS 598.0977Civil action by elderly person or person with disability against
person who engaged in deceptive trade practice; remedies.If an elderly person or a person with a
disability suffers damage or injury as a result of a deceptive trade practice,
he or she or his or her legal representative, if any, may commence a civil
action against any person who engaged in the practice to recover the actual
damages suffered by the elderly person or person with a disability, punitive
damages, if appropriate, and reasonable attorney’s fees. The collection of any
restitution awarded pursuant to this section has a priority over the collection
of any civil penalty imposed pursuant to NRS 598.0973.

1. Notwithstanding the requirement of
knowledge as an element of a deceptive trade practice, when the Commissioner or
Director has cause to believe that a person has engaged or is engaging in any
deceptive trade practice, knowingly or otherwise, he or she may request in
writing that the Attorney General represent him or her in instituting an
appropriate legal proceeding, including, without limitation, an application for
an injunction or temporary restraining order prohibiting the person from continuing
the practices. The court may make orders or judgments necessary to prevent the
use by the person of any such deceptive trade practice or to restore to any
other person any money or property which may have been acquired by the
deceptive trade practice.

2. Where the Commissioner or Director has
the authority to institute a civil action or other proceeding, in lieu thereof
or as a part thereof, he or she may accept an assurance of discontinuance of
any deceptive trade practice. This assurance may include a stipulation for the
payment by the alleged violator of:

(a) The costs of investigation and the costs of
instituting the action or proceeding;

(b) Any amount of money which he or she may be
required to pay pursuant to the provisions of NRS
598.0971 in lieu of any administrative fine; and

(c) The restitution of any money or property
acquired by any deceptive trade practice.

Ê Except as
otherwise provided in this subsection and NRS
239.0115, any assurance of discontinuance accepted by the Commissioner or
Director and any stipulation filed with the court is confidential to the
parties to the action or proceeding and to the court and its employees. Upon
final judgment by the court that an injunction or a temporary restraining
order, issued as provided in subsection 1, has been violated, an assurance of
discontinuance has been violated or a person has engaged in the same deceptive
trade practice as had previously been enjoined, the assurance of discontinuance
or stipulation becomes a public record. Proof by a preponderance of the
evidence of a violation of an assurance constitutes prima facie evidence of a
deceptive trade practice for the purpose of any civil action or proceeding
brought thereafter by the Commissioner or Director, whether a new action or a
subsequent motion or petition in any pending action or proceeding.

NRS 598.098Disclosure of information by Commissioner or Director;
regulations. [Effective July 1, 2015.]

1. NRS 598.0903
to 598.0999, inclusive, do not prohibit the
Commissioner or Director from disclosing to the Attorney General, any district
attorney or any law enforcement officer the fact that a crime has been committed
by any person, if this fact has become known as a result of any investigation
conducted pursuant to the provisions of NRS 598.0903
to 598.0999, inclusive.

2. Subject to the provisions of subsection
2 of NRS 598.0979 and except as otherwise provided
in this section, the Commissioner or Director may not make public the name of
any person alleged to have committed a deceptive trade practice. This
subsection does not:

(a) Prevent the Commissioner or Director from
issuing public statements describing or warning of any course of conduct which
constitutes a deceptive trade practice.

(b) Apply to a person who is subject to an order
issued pursuant to subsection 5 of NRS 598.0971.

3. Upon request, the Commissioner may:

(a) Disclose the number of written complaints
received by the Commissioner during the current and immediately preceding 3
fiscal years. A disclosure made pursuant to this paragraph must include the
disposition of the complaint disclosed.

(b) Make public any order to cease and desist
issued pursuant to subsection 5 of NRS 598.0971.

Ê This
subsection does not authorize the Commissioner to disclose or make public the
contents of any complaint described in paragraph (a) or the record of or any
other information concerning a hearing conducted in relation to the issuance of
an order to cease and desist described in paragraph (b).

4. The Commissioner may adopt regulations
authorizing the disclosure of information concerning any complaint or number of
complaints received by the Commissioner or Director relating to a person who
has been convicted of violating a provision of NRS
598.0903 to 598.0999, inclusive.

NRS 598.0983Actions by district attorney: Prerequisites. [Effective through
June 30, 2015.]

1. Before instituting any action pursuant
to NRS 598.0985 to 598.0997,
inclusive, the district attorney shall ascertain whether or not the action in
question is subject to the regulatory authority of any state agency, board,
official or other authority established by virtue of the Nevada Revised
Statutes except the regulatory or administrative authority provided to the
Attorney General by NRS 598.0903 to 598.0999, inclusive.

2. If the action is subject to such
regulatory authority or any regulation adopted or any statutes administered by
any state regulatory agency, board, official or other authority as provided in
subsection 1, the district attorney shall not institute any proceeding under NRS 598.0985 to 598.0997,
inclusive, until the state agency, board, official or other state regulatory
authority has had reasonable time to investigate or take any appropriate action
with respect to the alleged facts.

3. For the purposes of this section, a
reasonable time has elapsed if no final action or other disposition is made of
any matter otherwise falling within the provisions of NRS
598.0903 to 598.0999, inclusive, within 30
days after the matter is referred to or brought to the attention of any state
agency, board, official or other regulatory authority except the Attorney
General.

4. This section does not prohibit the
district attorney of any county from filing an action pursuant to the
provisions of NRS 598.0985 to 598.099, inclusive, if the referral of any matters
subject to the provisions of NRS 598.0903 to 598.0999, inclusive, to any state agency, board,
official or other regulatory authority would cause immediate harm to the public
of this state or endanger the public health, safety or welfare, and such facts
are shown by affidavit or by verified complaint.

NRS 598.0983Actions by district
attorney: Prerequisites. [Effective July 1, 2015.]

1. Before instituting any action pursuant
to NRS 598.0985 to 598.0997,
inclusive, the district attorney shall ascertain whether or not the action in
question is subject to the regulatory authority of any state agency, board,
official or other authority established by virtue of the Nevada Revised
Statutes except the regulatory or administrative authority provided to the
Commissioner, Director or Attorney General by NRS
598.0903 to 598.0999, inclusive.

2. If the action is subject to such
regulatory authority or any regulation adopted or any statutes administered by
any state regulatory agency, board, official or other authority as provided in
subsection 1, the district attorney shall not institute any proceeding under NRS 598.0985 to 598.0997,
inclusive, until the state agency, board, official or other state regulatory
authority has had reasonable time to investigate or take any appropriate action
with respect to the alleged facts.

3. For the purposes of this section, a
reasonable time has elapsed if no final action or other disposition is made of
any matter otherwise falling within the provisions of NRS
598.0903 to 598.0999, inclusive, within 30
days after the matter is referred to or brought to the attention of any state
agency, board, official or other regulatory authority except the Commissioner,
Director or Attorney General.

4. This section does not prohibit the
district attorney of any county from filing an action pursuant to the
provisions of NRS 598.0985 to 598.099, inclusive, if the referral of any matters
subject to the provisions of NRS 598.0903 to 598.0999, inclusive, to any state agency, board,
official or other regulatory authority would cause immediate harm to the public
of this state or endanger the public health, safety or welfare, and such facts
are shown by affidavit or by verified complaint.

NRS 598.0985Actions by district attorney: Injunctive relief. [Effective
through June 30, 2015.]Notwithstanding
the requirement of knowledge as an element of a deceptive trade practice, and
notwithstanding the enforcement powers granted to the Attorney General pursuant
to NRS 598.0903 to 598.0999,
inclusive, whenever the district attorney of any county has reason to believe
that any person is using, has used or is about to use any deceptive trade
practice, knowingly or otherwise, he or she may bring an action in the name of
the State of Nevada against that person to obtain a temporary or permanent
injunction against the deceptive trade practice.

NRS 598.0985Actions by district
attorney: Injunctive relief. [Effective July 1, 2015.]Notwithstanding
the requirement of knowledge as an element of a deceptive trade practice, and
notwithstanding the enforcement powers granted to the Commissioner or Director
pursuant to NRS 598.0903 to 598.0999, inclusive, whenever the district attorney
of any county has reason to believe that any person is using, has used or is
about to use any deceptive trade practice, knowingly or otherwise, he or she
may bring an action in the name of the State of Nevada against that person to obtain
a temporary or permanent injunction against the deceptive trade practice.

NRS 598.0987Actions by district attorney: Preliminary notice required before
filing; exception.Except as
otherwise provided in NRS 598.099, appropriate
notice must be given by the district attorney to any person against whom an
action is brought pursuant to NRS 598.0985. Such
notice must state generally the relief sought and be served in accordance with NRS 598.0997 at least 10 days prior to the filing of
the action.

(Added to NRS by 1973, 1487)

NRS 598.0989Actions by district attorney: Venue; powers of court.Any action brought pursuant to NRS 598.0963 or 598.0977
to 598.099, inclusive, may be brought:

1. In a district court in the county in
which the defendant resides or has his or her principal place of business;

2. In the district court in Carson City if
the parties consent thereto; or

3. In the district court in any county
where a deceptive trade practice has occurred.

Ê Any court in
which an action is brought pursuant to those sections may issue any temporary
or permanent injunction in accordance with the Nevada Rules of Civil Procedure
to restrain and prevent any violation of any provisions of NRS 598.0903 to 598.0999,
inclusive, and such injunctions must be issued without bond.

NRS 598.099Injunctions without prior notice. [Effective through June 30,
2015.]Whenever the district
attorney or the Attorney General has reason to believe that the delay caused by
complying with the notice requirement of NRS 598.0987
or the requirements of subsection 2 of NRS 598.0963
would cause immediate harm to the public of this state or endanger the public
welfare, he or she may immediately institute an action for injunctive relief,
including a request for a temporary restraining order, upon proof of specific
facts shown by affidavit or by verified complaint or otherwise that such
immediate harm will be or is likely to be caused by the delay. The Nevada Rules
of Civil Procedure pertaining to the issuance of temporary restraining orders
govern all actions instituted pursuant to this section.

NRS 598.099Injunctions without prior
notice. [Effective July 1, 2015.]Whenever
the district attorney or the Attorney General has reason to believe that the
delay caused by complying with the notice requirement of NRS 598.0987 or the requirements of subsection 3 of NRS 598.0963 would cause immediate harm to the public
of this state or endanger the public welfare, he or she may immediately
institute an action for injunctive relief, including a request for a temporary
restraining order, upon proof of specific facts shown by affidavit or by
verified complaint or otherwise that such immediate harm will be or is likely
to be caused by the delay. The Attorney General shall give written notice of
the filing by the Attorney General of such an action to the Commissioner or
Director. The Nevada Rules of Civil Procedure pertaining to the issuance of
temporary restraining orders govern all actions instituted pursuant to this
section.

NRS 598.0993Relief for injured persons. [Effective through June 30, 2015.]The court in which an action is brought
pursuant to NRS 598.0985 to 598.099,
inclusive, may make such additional orders or judgments as may be necessary to
restore to any person in interest any money or property, real or personal,
which may have been acquired by means of any deceptive trade practice which
violates any of the provisions of NRS 598.0903 to 598.0999, inclusive, but such additional orders or
judgments may be entered only after a final determination has been made that a
deceptive trade practice has occurred.

NRS 598.0993Relief for injured
persons. [Effective July 1, 2015.]The
court in which an action is brought pursuant to NRS
598.0979 and 598.0985 to 598.099, inclusive, may make such additional orders or
judgments as may be necessary to restore to any person in interest any money or
property, real or personal, which may have been acquired by means of any
deceptive trade practice which violates any of the provisions of NRS 598.0903 to 598.0999,
inclusive, but such additional orders or judgments may be entered only after a
final determination has been made that a deceptive trade practice has occurred.

NRS 598.0995Assurances of discontinuance. [Effective through June 30, 2015.]

1. In proceeding pursuant to subsection 2
of NRS 598.0963 or NRS
598.0987 to 598.0995, inclusive, the district
attorney or Attorney General may accept an assurance of discontinuance with
respect to any method, act or practice deemed to be a deceptive trade practice
from any person who is engaged or is about to engage in the method, act or
practice.

2. Any assurance made pursuant to
subsection 1 must be in writing and must be filed with and subject to the
approval of the district court in the county in which the alleged violator
resides or has his or her principal place of business, or the district court in
any county where any deceptive trade practice has occurred or is about to occur
or the district court agreed to by the parties.

3. An assurance of discontinuance made
pursuant to subsections 1 and 2 is not an admission of violation for any
purpose.

1. In proceeding pursuant to subsection 3
of NRS 598.0963 or NRS
598.0987 to 598.0995, inclusive, the district
attorney or Attorney General may accept an assurance of discontinuance with
respect to any method, act or practice deemed to be a deceptive trade practice
from any person who is engaged or is about to engage in the method, act or
practice by following the procedures set forth in subsection 2 of NRS 598.0979.

2. Any assurance made pursuant to
subsection 1 must be in writing and must be filed with and subject to the
approval of the district court in the county in which the alleged violator
resides or has his or her principal place of business, or the district court in
any county where any deceptive trade practice has occurred or is about to occur
or the district court agreed to by the parties.

3. An assurance of discontinuance made
pursuant to subsections 1 and 2 is not an admission of violation for any
purpose, but is subject to the terms, limitations and conditions of NRS 598.0979.

NRS 598.0997Service of notices.Service
of any notice under NRS 598.0985 to 598.0995, inclusive, shall be made by personal
service within the State of Nevada, but if such service cannot be obtained,
substituted service therefor may be made in any of the following ways:

1. Personal service thereof outside the
State of Nevada;

2. The mailing thereof by registered or
certified mail to the last known place of business, residence or both, whether
inside or outside the State of Nevada, of such person for whom the notice is
intended, in which event such service shall be deemed complete upon the third
day following the mailing of any notice required under this section;

3. As to any person other than a natural
person, service shall be in the manner provided in the Nevada Rules of Civil
Procedure for completing service of process on such a person, corporation,
association or organization; or

4. Such service as any district court may
direct in lieu of personal service within the State of Nevada.

(Added to NRS by 1973, 1488)

NRS 598.0999Civil and criminal penalties for violations. [Effective through
June 30, 2015.]

1. Except as otherwise provided in NRS 598.0974, a person who violates a court order or
injunction issued pursuant to the provisions of NRS
598.0903 to 598.0999, inclusive, upon a
complaint brought by the district attorney of any county of this State or the
Attorney General shall forfeit and pay to the State General Fund a civil
penalty of not more than $10,000 for each violation. For the purpose of this
section, the court issuing the order or injunction retains jurisdiction over
the action or proceeding. Such civil penalties are in addition to any other
penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999,
inclusive.

2. Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the
provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person
has willfully engaged in a deceptive trade practice, the district attorney of
any county in this State or the Attorney General bringing the action may
recover a civil penalty not to exceed $5,000 for each violation. The court in
any such action may, in addition to any other relief or reimbursement, award
reasonable attorney’s fees and costs.

3. A natural person, firm, or any officer
or managing agent of any corporation or association who knowingly and willfully
engages in a deceptive trade practice:

(a) For the first offense, is guilty of a
misdemeanor.

(b) For the second offense, is guilty of a gross
misdemeanor.

(c) For the third and all subsequent offenses, is
guilty of a category D felony and shall be punished as provided in NRS 193.130.

Ê The court
may require the natural person, firm, or officer or managing agent of the
corporation or association to pay to the aggrieved party damages on all profits
derived from the knowing and willful engagement in a deceptive trade practice
and treble damages on all damages suffered by reason of the deceptive trade
practice.

4. Any offense which occurred within 10
years immediately preceding the date of the principal offense or after the
principal offense constitutes a prior offense for the purposes of subsection 3
when evidenced by a conviction, without regard to the sequence of the offenses
and convictions.

5. If a person violates any provision of NRS 598.0903 to 598.0999,
inclusive, 598.100 to 598.2801,
inclusive, 598.475, 598.741
to 598.787, inclusive, or 598.840
to 598.966, inclusive, fails to comply with a
judgment or order of any court in this State concerning a violation of such a
provision, or fails to comply with an assurance of discontinuance or other
agreement concerning an alleged violation of such a provision, the district
attorney of any county may bring an action in the name of the State of Nevada
seeking:

(a) The suspension of the person’s privilege to
conduct business within this State; or

(b) If the defendant is a corporation,
dissolution of the corporation.

Ê The court
may grant or deny the relief sought or may order other appropriate relief.

6. If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a
judgment or order of any court in this State concerning a violation of such a
provision, or fails to comply with an assurance of discontinuance or other
agreement concerning an alleged violation of such a provision, the Attorney
General may bring an action in the name of the State of Nevada seeking:

(a) The suspension of the person’s privilege to
conduct business within this State; or

(b) If the defendant is a corporation,
dissolution of the corporation.

Ê The court
may grant or deny the relief sought or may order other appropriate relief.

1. Except as otherwise provided in NRS 598.0974, a person who violates a court order or
injunction issued pursuant to the provisions of NRS
598.0903 to 598.0999, inclusive, upon a
complaint brought by the Commissioner, the Director, the district attorney of
any county of this State or the Attorney General shall forfeit and pay to the
State General Fund a civil penalty of not more than $10,000 for each violation.
For the purpose of this section, the court issuing the order or injunction
retains jurisdiction over the action or proceeding. Such civil penalties are in
addition to any other penalty or remedy available for the enforcement of the
provisions of NRS 598.0903 to 598.0999, inclusive.

2. Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the
provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person
has willfully engaged in a deceptive trade practice, the Commissioner, the
Director, the district attorney of any county in this State or the Attorney
General bringing the action may recover a civil penalty not to exceed $5,000
for each violation. The court in any such action may, in addition to any other
relief or reimbursement, award reasonable attorney’s fees and costs.

3. A natural person, firm, or any officer
or managing agent of any corporation or association who knowingly and willfully
engages in a deceptive trade practice:

(a) For the first offense, is guilty of a
misdemeanor.

(b) For the second offense, is guilty of a gross
misdemeanor.

(c) For the third and all subsequent offenses, is
guilty of a category D felony and shall be punished as provided in NRS 193.130.

Ê The court
may require the natural person, firm, or officer or managing agent of the
corporation or association to pay to the aggrieved party damages on all profits
derived from the knowing and willful engagement in a deceptive trade practice
and treble damages on all damages suffered by reason of the deceptive trade
practice.

4. Any offense which occurred within 10
years immediately preceding the date of the principal offense or after the
principal offense constitutes a prior offense for the purposes of subsection 3
when evidenced by a conviction, without regard to the sequence of the offenses
and convictions.

5. If a person violates any provision of NRS 598.0903 to 598.0999,
inclusive, 598.100 to 598.2801,
inclusive, 598.305 to 598.395,
inclusive, 598.405 to 598.525,
inclusive, 598.741 to 598.787,
inclusive, or 598.840 to 598.966,
inclusive, fails to comply with a judgment or order of any court in this State
concerning a violation of such a provision, or fails to comply with an
assurance of discontinuance or other agreement concerning an alleged violation
of such a provision, the Commissioner or the district attorney of any county
may bring an action in the name of the State of Nevada seeking:

(a) The suspension of the person’s privilege to
conduct business within this State; or

(b) If the defendant is a corporation,
dissolution of the corporation.

Ê The court
may grant or deny the relief sought or may order other appropriate relief.

6. If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a
judgment or order of any court in this State concerning a violation of such a
provision, or fails to comply with an assurance of discontinuance or other
agreement concerning an alleged violation of such a provision, the Attorney
General may bring an action in the name of the State of Nevada seeking:

(a) The suspension of the person’s privilege to
conduct business within this State; or

(b) If the defendant is a corporation,
dissolution of the corporation.

Ê The court
may grant or deny the relief sought or may order other appropriate relief.

1. “Compensation” does not mean payment
based on sales of goods or services to persons who are not participants in a
pyramid promotional scheme or endless chain and who are not purchasing in order
to participate in such a program.

2. “Promotes” means inducing one or more
other persons to become a participant in a pyramid promotional scheme or
endless chain.

3. A “pyramid promotional scheme” means
any program or plan for the disposal or distribution of property and
merchandise or property or merchandise by which a participant gives or pays a
valuable consideration for the opportunity or chance to receive any
compensation or thing of value in return for procuring or obtaining one or more
additional persons to participate in the program, or for the opportunity to
receive compensation of any kind when a person introduced to the program or
plan by the participant procures or obtains a new participant in such a
program.

NRS 598.120Contracts and agreements voidable by participant.All contracts and agreements, existing or made
in the future, which have any part of the consideration given for the right to
participate in a pyramid promotional scheme or endless chain as defined in NRS 598.100 to 598.130,
inclusive, are against public policy and voidable by a participant.

(Added to NRS by 1971, 666)

NRS 598.130Injunctive relief; receivership.In
addition to any other relief available under NRS
598.100 to 598.130, inclusive:

1. The Attorney General or any district
attorney may commence an action in the district court having jurisdiction of
the area where a pyramid promotional scheme or endless chain is being prepared,
operated or promoted to enjoin or obtain any other equitable relief to prevent
the further preparation, operation, promotion or prosecution of such scheme or
chain. In addition to the relief authorized by this section, the court may
award reasonable attorneys’ fees and costs in any action brought under this section.

2. The Attorney General or any district
attorney may petition the district court having jurisdiction of the area where
a pyramid promotional scheme or endless chain is being prepared, operated or
promoted to appoint receivers to secure and distribute in an equitable manner
any assets received by any participant as a result of such scheme or program.
Any such distribution must effect, to the extent possible, reimbursement for
uncompensated payments made to become a participant in the scheme. In any such
action, the court may, in addition to any other relief or reimbursement, award
reasonable attorneys’ fees and costs.

1. A person, in planning, conducting or
executing a solicitation for or on behalf of a charitable organization, shall
not:

(a) Make any claim or representation concerning a
contribution which directly, or by implication, has the capacity, tendency or
effect of deceiving or misleading a person acting reasonably under the
circumstances; or

(b) Omit any material fact deemed to be
equivalent to a false, misleading or deceptive claim or representation if the
omission, when considering what has been said or implied, has or would have the
capacity, tendency or effect of deceiving or misleading a person acting
reasonably under the circumstances.

2. Notwithstanding any other provisions of
this chapter, the Attorney General has primary jurisdiction to investigate and
prosecute a violation of this section.

3. Except as otherwise provided in NRS 41.480 and 41.485, a violation of this section constitutes
a deceptive trade practice for the purposes of NRS
598.0903 to 598.0999, inclusive.

1. A person representing that he or she is
conducting a solicitation for or on behalf of a charitable organization or
nonprofit corporation shall disclose:

(a) The full legal name of the charitable
organization or nonprofit corporation as registered with the Secretary of State
pursuant to NRS 82.392;

(b) The state or jurisdiction in which the
charitable organization or nonprofit corporation was formed;

(c) The purpose of the charitable organization or
nonprofit corporation; and

(d) That the contribution or donation may be tax
deductible pursuant to the provisions of section 170(c) of the Internal Revenue
Code of 1986, 26 U.S.C. § 170(c), or that the contribution or donation does not
qualify for such a federal tax deduction.

2. A person, in planning, conducting or
executing a solicitation for or on behalf of a charitable organization or
nonprofit corporation, shall not:

(a) Make any claim or representation concerning a
contribution which directly, or by implication, has the capacity, tendency or
effect of deceiving or misleading a person acting reasonably under the
circumstances; or

(b) Omit any material fact deemed to be
equivalent to a false, misleading or deceptive claim or representation if the
omission, when considering what has been said or implied, has or would have the
capacity, tendency or effect of deceiving or misleading a person acting
reasonably under the circumstances.

3. Any solicitation that is made in
writing for or on behalf of a charitable organization or nonprofit corporation,
including, without limitation, an electronic communication, must contain the
full legal name of the charitable organization or nonprofit corporation as
registered with the Secretary of State pursuant to NRS 82.392 and a disclaimer stating that
the contribution or donation may be tax deductible pursuant to the provisions
of section 170(c) of the Internal Revenue Code of 1986, 26 U.S.C. § 170(c), or
that the contribution or donation does not qualify for such a federal tax deduction.

4. Notwithstanding any other provisions of
this chapter, the Attorney General has primary jurisdiction to investigate and
prosecute a violation of this section.

5. Except as otherwise provided in NRS 41.480 and 41.485, a violation of this section
constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999,
inclusive.

6. As used in this section:

(a) “Charitable organization” means any person
who, directly or indirectly, solicits contributions and who the Secretary of
the Treasury has determined to be tax exempt pursuant to the provisions of
section 501(c)(3) of the Internal Revenue Code. The term does not include an
organization which is established for and serving bona fide religious purposes.

(b) “Solicitation” means a request for a
contribution to a charitable organization or nonprofit corporation that is made
by any means, including, without limitation:

(1) Mail;

(2) Commercial carrier;

(3) Telephone, facsimile, electronic mail
or other electronic device; or

(4) A face-to-face meeting.

Ê The term
includes solicitations which are made from a location within this State and
solicitations which are made from a location outside of this State to persons
located in this State. For the purposes of subsections 1 and 3, the term does
not include solicitations which are directed only to a total of fewer than 15
persons or only to persons who are related within the third degree of
consanguinity or affinity to the officers, directors, trustees or executive
personnel of the charitable organization or nonprofit corporation.

NRS 598.131Definitions.As
used in NRS 598.131 to 598.139,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 598.1315 to 598.134,
inclusive, have the meanings ascribed to them in those sections.

NRS 598.1315“Advertisement” defined.“Advertisement”
means the attempt by publication, dissemination, solicitation or circulation to
induce, directly or indirectly, any person to enter into any obligation or to
acquire any title or interest in any property, and any acts related to the
inducement, promotion or encouragement of a sale.

NRS 598.132“Advertiser” defined.“Advertiser”
means any person who is engaged in the business of promotion, marketing or sale
of merchandise at retail and who places, either directly or indirectly, an
advertisement before the public.

1. A contest of skill that does not
involve the sale or lease of any goods, property or service.

2. A sale or purchase, or solicitation or
representation made in connection with the sale or purchase, of goods from a
catalog or of books, recordings, videocassettes, periodicals or other similar
goods offered by a seller or membership group which is regulated by the Federal
Trade Commission if the seller or membership group sends goods, pursuant to an
agreement, to a customer or member for his or her inspection and, if
unsatisfied after inspecting the goods, the customer or member is entitled to
receive a full refund of the purchase price of the goods if the goods are
returned undamaged to the seller or membership group.

3. A solicitation, advertisement or
promotion, or offer to extend credit, made by a commercial bank, bank holding
company, subsidiary or affiliate of a bank holding company, trust company,
savings and loan association, credit union, industrial loan company, personal
property broker, consumer finance lender, commercial finance lender or insurer,
or any other person engaged in the business of extending credit, who is
regulated by an officer or agency of the State or of the Federal Government.

4. A person licensed pursuant to chapter 463 of NRS and his or her employees.

1. A contest of skill that does not
involve the sale or lease of any goods, property or service.

2. A person who is licensed as a seller or
salesperson pursuant to chapter 599B of
NRS, and is engaging in an activity within the scope of that license.

3. A sale or purchase, or solicitation or
representation made in connection with the sale or purchase, of goods from a
catalog or of books, recordings, videocassettes, periodicals or other similar
goods offered by a seller or membership group which is regulated by the Federal
Trade Commission if the seller or membership group sends goods, pursuant to an
agreement, to a customer or member for his or her inspection and, if unsatisfied
after inspecting the goods, the customer or member is entitled to receive a
full refund of the purchase price of the goods if the goods are returned
undamaged to the seller or membership group.

4. A solicitation, advertisement or
promotion, or offer to extend credit, made by a commercial bank, bank holding
company, subsidiary or affiliate of a bank holding company, trust company,
savings and loan association, credit union, industrial loan company, personal
property broker, consumer finance lender, commercial finance lender or insurer,
or any other person engaged in the business of extending credit, who is
regulated by an officer or agency of the State or of the Federal Government.

5. A person licensed pursuant to chapter 463 of NRS and his or her employees.

NRS 598.136Representation that person has won prize or is winner of
contest.

1. A person shall not, in connection with
the sale or lease or solicitation for the sale or lease of any goods, property
or service, represent that another person has won anything of value or is the
winner of any contest unless:

(a) The advertiser indicates, clearly and
conspicuously, the name and address of the advertiser at the commencement of an
oral solicitation or advertisement. If the advertisement is written, the
information must be in bold type at least 2 points larger than the type used in
the major portion of the advertisement, and must be placed at the top of the
first page of the advertisement.

(b) The method of selection of the recipient of
the prize is one in which no more than 10 percent of the names considered are
selected as recipients.

(c) The prize is given without obligation to the
recipient.

(d) The prize is delivered to the recipient at no
expense to him or her within 30 days after the representation.

(e) The language of the advertisement represents
that it is a sales promotion.

(f) The language of the advertisement does not
represent that the recipient has been contacted by telephone or any other means
when no such contact has occurred.

(g) The advertisement indicates to the recipient
the brand name of any advertising premium offered. If the advertising premium
consists of a vacation or trip, the advertiser shall indicate, clearly and
conspicuously, the name and location of the accommodations and whether transportation
to and from the vacation site or point of departure is included. The advertiser
shall not offer a vacation or trip for which a deposit or other fee is required
of the recipient.

(h) The advertisement does not misrepresent the
value of an advertising premium by any means, including, but not limited to,
the grouping of advertising premiums of substantially different value.

(i) The advertisement indicates, clearly and
conspicuously, to the recipient that an advertising premium is discounted, no
longer manufactured, damaged or less than first quality.

(j) The advertisement indicates that the
advertiser will disclose upon request and without charge which advertising
premium will be received. The advertiser shall disclose such information upon
request.

(k) The advertisement indicates, clearly and
conspicuously, the probability that a person may receive each advertising
premium mentioned in the advertisement. The probability must be indicated
adjacent to the first mention of each advertising premium and expressed in
whole numbers. If the advertisement is written, such information and any rule
or condition must appear in bold type the same size as the type used for the
major portion of the advertisement.

(l) The advertisement indicates, clearly and
conspicuously, the date the prizes are to be awarded, and that a record
regarding the names and addresses of the winners will be provided upon request
without charge. The advertiser shall provide the record to any person upon
request.

(m) The advertiser does not offer merchandise as
a substitute for a reimbursement for travel, allowance for a trip or similar
plan of compensation.

2. As used in this section, “language of
the advertisement” means the use of any language that has a tendency to lead a
reasonable person to believe he or she has won a contest or merchandise of
value, including, but not limited to, “congratulations,” “you have won,” “you
are a winner,” “you have been chosen,” “you have been selected” and “you are
entitled to receive.”

1. A person shall not, in connection with
the sale or lease or solicitation for sale or lease of any goods, property or
service, represent that another person has a chance to receive a prize or item
of value without clearly disclosing on whose behalf the contest or promotion is
conducted and all conditions that a participant must meet.

2. A person who makes a representation
described in subsection 1 must display, clearly and conspicuously, adjacent to
the description of the item or prize to which it relates:

(a) The actual retail value of each item or
prize;

(b) The number of each item or prize to be
awarded; and

(c) The odds of receiving each item or prize,
expressed in whole numbers.

3. It is unlawful to make a representation
described in subsection 1 if it has already been determined which items will be
given to the person to whom the representation is made.

4. The provisions of this section do not
apply if:

(a) Participants are asked to complete and mail
or deposit, at a local retail commercial establishment, an entry blank obtained
locally or by mail, or to call in their entry by telephone; and

(b) Participants are not asked to listen to a
sales presentation.

5. Advertisements with representations
made pursuant to subsection 1 that are broadcast by radio or television may be
broadcast without the required disclosures, conditions and restrictions but
must clearly broadcast the availability of such disclosures, conditions and restrictions
to an interested person, without any charge, upon request.

6. This section does not create liability
for acts of a publisher, owner, agent or employee of a newspaper, periodical,
radio station, television station, cable television system or other video
service network or other advertising medium for the publication or
dissemination of an advertisement or promotion pursuant to this section if the
publisher, owner, agent or employee did not know that the advertisement or
promotion violated the provisions of this section.

7. For the purposes of this section, the
actual retail value of an item or prize is the price at which substantial sales
of the item were made in an area within the last 90 days, or if no substantial
sales were made, the cost of the item or prize to the person on whose behalf
the contest or promotion is conducted.

1. A person shall not represent that
another person has been specially selected in connection with the sale or lease
or solicitation for sale or lease of any goods, property or service unless:

(a) The selection process is designed to reach a
particular type of person;

(b) The selection process uses a source other
than a telephone directory, city directory, tax listing, voter registration
record, purchased or leased mailing list or similar source of names; and

(c) No more than 10 percent of those considered
are selected.

2. As used in this section, “specially
selected” means the use of language that has a tendency to lead a reasonable
person to believe he or she has been specially selected, including, but not
limited to, “carefully selected” and “you have been chosen.”

NRS 598.160“Buyer” defined.“Buyer”
means any person who enters into or signs a door-to-door sale contract in order
to receive any consumer goods and services from any seller.

(Added to NRS by 1973, 808)

NRS 598.170“Consumer goods or services” defined.“Consumer
goods or services” are goods or services purchased, leased or rented primarily
for personal, family or household purposes, including courses of instruction or
training regardless of the purpose for which they are taken.

(Added to NRS by 1973, 808)

NRS 598.180“Door-to-door sale” defined.“Door-to-door
sale” means any sale, purchase, lease or rental of any consumer goods or
services with a purchase price of $25 or more which is the result of any
door-to-door solicitation or personal solicitation by the seller or his or her
representative, whether at the specific invitation of the buyer or not, and
which is made at a place other than the place of business of the seller. The
term “door-to-door sale” does not include a transaction:

1. Made pursuant to a preexisting retail
charge agreement or pursuant to prior negotiations between the parties at or
from a retail business establishment having a fixed permanent location where
the goods are exhibited or the services are offered for sale on a continuing
basis.

2. In which the consumer is accorded the
right of rescission by the provisions of the Consumer Credit Protection Act (15
U.S.C. § 1635) or regulations issued pursuant thereto.

3. In which the buyer has initiated the
contact and the goods or services are needed to meet a bona fide immediate
personal emergency of the buyer, and the buyer furnishes the seller with a
separate dated and signed personal statement in the buyer’s handwriting
describing the situation requiring immediate remedy and expressly acknowledging
and waiving the right to cancel the sale within 3 business days.

4. Conducted and consummated entirely by
mail or telephone, and without any other contact between the buyer and the
seller or its representative prior to delivery of the goods or performance of
the service.

5. In which the buyer has initiated the
contact and specifically requested the seller to visit his or her home for the
purpose of repairing or performing maintenance upon the buyer’s personal
property. If in the course of the visit, the seller sells the buyer the right
to receive additional services and goods other than replacement parts
necessarily used in performing the maintenance or in making the repairs, the
sale of those additional goods or services would not fall within this
exclusion.

6. Pertaining to the sale or rental of
real property, to the sale of insurance or to the sale of securities or
commodities by a broker-dealer registered with the Securities Exchange
Commission.

7. Pertaining to the sale or rental of
vehicles as defined in NRS 482.135.

8. Pertaining to the sale or rental of
mobile homes.

9. Pertaining to the provision of
facilities and services furnished by utilities under the jurisdiction of the
Public Utilities Commission of Nevada.

NRS 598.200“Place of business” defined.“Place
of business” means the main or permanent branch office or local address of a
seller.

(Added to NRS by 1973, 809)

NRS 598.210“Purchase price” defined.“Purchase
price” means the total price paid or to be paid for consumer goods or services,
including all interest and service charges.

(Added to NRS by 1973, 809)

NRS 598.220“Seller” defined.“Seller”
means any person engaged in the door-to-door sale of any consumer goods or
services.

(Added to NRS by 1973, 809)

NRS 598.230Right of buyer to rescind contract of sale; notice of
rescission.Any buyer who enters
into or signs a door-to-door sale contract in which the total purchase price of
the goods or services is $25 or more may rescind such contract by giving
written notice to the seller either by delivering, mailing or telegraphing of
such notice no later than midnight of the third business day after the date
such door-to-door sale contract was entered into or signed. The notice shall be
addressed to the seller at the seller’s place of business and shall contain
words indicating the buyer’s intent to rescind the transaction previously
entered into.

(Added to NRS by 1973, 809)

NRS 598.240Seller to furnish buyer copy of receipt or contract; required
contents.A seller must furnish
every buyer with a fully completed receipt or copy of any door-to-door sale
contract at the time a sale is executed. Such writing shall be in the same language
as that primarily used in the oral sales presentation, show the date of the
transaction and contain the name and address of the seller, and in immediate
proximity to the space reserved in the contract for the signature of the buyer
or on the front page of the receipt if a contract is not used and in bold type,
a statement in substantially the following form:

You, the buyer, may cancel this
transaction at any time prior to midnight of the third business day after the
date of this transaction. See the attached notice of cancellation form for
explanation of this right.

(Added to NRS by 1973, 809)

NRS 598.250Seller to furnish buyer form for notice of cancellation.A seller must furnish every buyer with a fully
completed form in duplicate, captioned “NOTICE OF CANCELLATION,” which must be
attached to the contract or receipt and easily detachable, and which must
contain in boldface type the following information and statements in the same
language as that used in the contract:

NOTICE OF CANCELLATION

(Enter
date of transaction)

Date

You may cancel this
transaction, without any penalty or obligation, except as provided by law,
within 3 business days from the above date.

If you cancel, any property
traded in, any payments made by you under the contract or sale, and any
negotiable instrument executed by you will be returned within 10 business days
following receipt by the seller of your cancellation notice, and any security
interest arising out of the transaction will be cancelled.

If you cancel, you must make
available to the seller at reasonable times at your residence, in substantially
as good condition as when received, any goods delivered to you under this
contract or sale; or you must in the alternative comply with the instructions
of the seller regarding the return shipment of the goods at the seller’s
expense and risk.

If the seller does not either
provide instructions for the return of the goods to the seller or pick them up
within 20 days of the date of your notice of cancellation, you may retain or
dispose of the goods without any further obligation.

To cancel this transaction, mail or
deliver a signed and dated copy of this cancellation notice or any other
written notice, or send a telegram to .....................................................................................................................

(Name
of seller)

at..............................................……………………........
(Address of seller’s place of business) not later than midnight of

I hereby cancel this
transaction.

..........................................

(Date)

.....................................................................

(Buyer’s
signature)

(Added to NRS by 1973, 809; A 1981, 126)

NRS 598.260Penalty for cancellation permitted; limitations.NRS 598.140 to 598.2801, inclusive, do not prevent any seller from
assessing a penalty for the cancellation of a door-to-door sale contract if the
penalty does not exceed 5 percent of the total purchase price, $15, or any down
payment paid by the buyer at the time any door-to-door sale contract is entered
into or executed, whichever is the lesser amount.

(Added to NRS by 1973, 810)

NRS 598.280Unlawful acts.It
is unlawful for any seller:

1. To fail to inform any buyer orally, at
the time the buyer signs any door-to-door sale contract or purchases any
consumer goods or services as a result of a door-to-door sale, of the buyer’s
right to cancel the contract or to misrepresent in any manner said buyer’s
right to cancel;

2. To fail or refuse to honor any valid
notice of cancellation by a buyer;

3. To fail or refuse to return, within 10
business days after receiving notice of cancellation, any goods or property
traded in, in substantially as good condition as when received;

4. To fail or refuse to refund all
payments made under the contract or sale within 10 business days after
receiving notice of cancellation;

5. To fail to notify a buyer within 10
business days after the receipt of a buyer’s notice of cancellation whether the
seller intends to repossess or to abandon any shipped or delivered goods; or

6. To negotiate, transfer, sell or assign
any note or other evidence of indebtedness to a finance company or other third
party prior to midnight of the 5th business day following the day the contract
was signed or the goods or services were purchased.

NRS 598.305Definitions. [Effective July 1, 2015.]As
used in NRS 598.305 to 598.395,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 598.307 to 598.356,
inclusive, have the meanings ascribed to them in those sections.

NRS 598.335“Seller of travel” defined. [Effective July 1, 2015.]“Seller of travel” means a person who offers
for sale, directly or indirectly, transportation by air, land, rail or water,
travel services, vacation certificates or any combination thereof, to a person
or group of persons for a fee, commission or other valuable consideration. The
term:

1. Includes any person who offers
membership in a travel club or any services related to travel for an advance
fee, payment or deposit.

2. Does not include:

(a) A person who:

(1) Contracts with a seller of travel to
sell travel services or vacation certificates on behalf of the seller of
travel;

(2) Receives compensation for selling the
travel services or vacation certificates only from the seller of travel; and

(3) Requires the consumer who purchases
the travel services or vacation certificates to pay for the travel services or
vacation certificates by transmitting payment directly to the provider of the
travel services or vacation certificates or the seller of travel;

(b) A hotel that provides or arranges travel
services for its patrons or guests;

(c) A person who, for compensation, transports
persons or property by air, land, rail or water;

(d) A tour broker or tour operator who is subject
to the provisions of NRS 598.405 to 598.525, inclusive; or

NRS 598.356“Vacation certificate” defined. [Effective July 1, 2015.]“Vacation certificate” means any document
received by a person for consideration paid in advance which evidences that the
holder of the document is entitled to:

(a) A seller of travel shall maintain a trust
account in a bank, credit union or savings and loan association in this state
for the purpose of depositing all money that a consumer pays to the seller of
travel for the purchase of travel services or a vacation certificate.

(b) If a consumer pays money to a seller of
travel for the purchase of travel services or a vacation certificate, the
seller of travel shall deposit all such money in the trust account maintained
by the seller of travel not later than 2 business days after the date on which
the consumer pays the money to the seller of travel.

(c) The seller of travel shall pay out of the
trust account the money paid to the seller of travel by the consumer as needed
to complete the purchase of the travel services or vacation certificate
purchased by the consumer.

2. The provisions of this section do not
apply to a seller of travel who deposits security with the Division pursuant to
NRS 598.375.

NRS 598.365Seller to register, deposit security and pay fees before
advertising services or conducting business in this State; certificate of
registration; renewal of certificate. [Effective July 1, 2015.]

1. Before advertising its services or
conducting business in this State, a seller of travel must register with the
Division by:

(a) Submitting to the Division an application for
registration on a form prescribed by the Division;

(b) Paying to the Division a fee of $25;

(c) Depositing the security required pursuant to NRS 598.375, if any, with the Division; and

(d) Paying to the Division a fee of $100 for
deposit to the account established pursuant to NRS
598.371.

2. The Division shall issue a certificate
of registration to the seller of travel upon receipt of:

(a) The security in the proper form if the seller
of travel is required to deposit security pursuant to NRS
598.375; and

(b) The payment of any fees required by this
section.

3. A certificate of registration:

(a) Is not transferable or assignable; and

(b) Expires 1 year after it is issued.

4. A seller of travel must renew a
certificate of registration issued pursuant to this section before the
certificate expires by:

(a) Submitting to the Division an application for
the renewal of the certificate on a form prescribed by the Division;

(b) Paying to the Division a fee of $25; and

(c) Paying to the Division a fee of $100 for
deposit to the account established pursuant to NRS
598.371.

5. The Division shall mail an application
for the renewal of a certificate to the last known address of a seller of
travel at least 30 days before the expiration of the certificate.

6. The provisions of this section do not
require a person described in paragraph (a) of subsection 2 of NRS 598.335 to register with the Division.

NRS 598.366Seller to include registration number in advertising; form.
[Effective July 1, 2015.]A seller
of travel shall include the registration number from his or her certificate of
registration in any advertising conducted by, or on the behalf of, the seller
of travel. The statement must be prominently displayed in the advertisement and
be in substantially the following form in at least 10-point bold type in a font
that is easy to read:

1. A seller of travel shall display
conspicuously, at each place of business of the seller of travel and on any
website maintained by the seller of travel for business purposes, a legible and
typewritten statement that notifies consumers that they may be eligible to
recover certain financial damages from the Recovery Fund. The written statement
must be in substantially the following form:

RECOVERY
FUND FOR CONSUMERS

DAMAGED
BY SELLERS OF TRAVEL

You may be eligible for
payment from the Recovery Fund if you have paid money to a seller of travel
registered in this State for the purchase of travel services or a vacation
certificate and you have suffered certain financial damages as a result of the
transaction. To obtain information relating to your rights under the Recovery
Fund and the filing of a claim for recovery from the Recovery Fund, you may
contact the Consumer Affairs Division of the Department of Business and
Industry at the following locations:

SOUTHERN
NEVADA: 1850 East Sahara Avenue

Suite
101

Las
Vegas, Nevada 89104

Phone:
(702) 486-7355

Fax:
(702) 486-7371

ncad@fyiconsumer.org

NORTHERN
NEVADA: 4600 Kietzke Lane

Building
B, Suite 113

Reno,
Nevada 89502

Phone:
(775) 688-1800

Fax:
(775) 688-1803

2. The Division may impose upon a seller
of travel an administrative fine of not more than:

(a) For the first violation of subsection 1,
$100; and

(b) For a second or subsequent violation of
subsection 1, $250.

3. The Division shall deposit any money
received pursuant to this section in the account established pursuant to NRS 598.371.

4. The provisions of NRS 598.305 to 598.395,
inclusive, do not limit the authority of the Division to take disciplinary
action against a seller of travel.

1. The Division shall administer and
account separately for the money received from each seller of travel pursuant
to the provisions of paragraph (d) of subsection 1 and paragraph (c) of
subsection 4 of NRS 598.365. The Division may refer
to the money in the account as the “Recovery Fund.”

2. Except as otherwise provided in NRS 598.372, the money in the account must be used to
pay claims made by consumers who are eligible for recovery from the account
pursuant to NRS 598.373 and 598.374.

(a) On or before February 1 of each year, prepare
and submit to the Director of the Legislative Counsel Bureau for transmittal to
the appropriate legislative committee if the Legislature is in session, or to
the Interim Finance Committee if the Legislature is not in session, a statement
of the condition of the account that is prepared in accordance with generally
accepted accounting principles.

(b) Employ accountants as necessary for the
performance of the duties set forth in this section and pay any related
expenses from the money in the account. Except as otherwise provided in
subsection 3, the expenditures made by the Division pursuant to this paragraph
must not exceed $10,000 in any fiscal year.

(c) Employ or contract with persons and procure
necessary equipment, supplies and services to be paid from or purchased with
the money in the account as may be necessary to monitor or process claims filed
by consumers that may result in a recovery from the account.

2. Any interest earned on the money in the
account must be credited to the account. The Division may expend the interest
earned on the money in the account to increase public awareness of the account.
Except as otherwise provided in subsection 3, the expenditures made by the
Division for this purpose must not exceed $50,000 in any fiscal year.

3. The total expenditures made by the
Division pursuant to this section must not exceed 10 percent of the account in
any fiscal year.

4. Once an initial balance of $200,000
exists in the account, the Division shall maintain a minimum balance of
$200,000 in the account.

5. The Division shall adopt such
regulations as are necessary to carry out the provisions of NRS 598.305 to 598.395,
inclusive, including, without limitation, regulations governing:

(a) The disbursement of money from the account;
and

(b) The manner in which a complaint is filed with
the Division or its designee pursuant to the provisions of NRS 598.373.

1. Except as otherwise provided in
subsection 5, a consumer who is eligible for recovery from the account must
file a complaint with the Division or its designee not later than 1 year after
the scheduled date of completion of the travel purchased by the consumer. The
consumer must file the complaint on a form established for this purpose by the
Division.

2. If the Division receives a complaint
pursuant to subsection 1, the Division or its designee shall hold a hearing on
the complaint. The Division shall:

(a) Affix the time and place for the hearing; and

(b) Notify the interested parties, in writing, at
least 10 days before the date affixed for the hearing, of the time and place of
the hearing.

3. Any testimony taken at the hearing must
be considered a part of the record of the hearing before the Division or its
designee.

4. The hearing must be public if a request
is made for a public hearing.

5. If a consumer has obtained a judgment
in any court of competent jurisdiction for recovery of damages against a seller
of travel, the consumer may file with the Division or its designee a complaint
for recovery of the judgment from the account. The consumer must file the
complaint not later than 2 years after the entry of the judgment. The consumer
is eligible for recovery of the judgment from the account if:

(a) The judgment is for actual damages suffered
by the consumer as a result of:

(1) Any act of fraud or misrepresentation
by the seller of travel acting in his or her capacity as a seller of travel;

(2) The bankruptcy of the seller of
travel;

(3) The breach of any contract entered
into by the seller of travel in his or her capacity as a seller of travel; or

(4) The violation by the seller of travel
of any provision of NRS 598.305 to 598.395, inclusive;

(b) The proceedings in connection with the
judgment, including all appeals, have terminated;

(c) The consumer files the complaint on a form
established for this purpose by the Division;

(d) The consumer submits proof satisfactory to
the Division of the judgment; and

(e) Upon obtaining payment from the account, the
consumer assigns his or her rights to enforce the judgment to the Division.

6. If a consumer files a complaint
pursuant to this section, the Division or its designee shall act upon the
complaint not later than 60 days after the date on which the complaint is filed
with the Division, unless the Division:

(a) Determines that the complaint involves
complex issues that may not reasonably be resolved within 60 days; and

(b) Notifies the interested parties, in writing,
that the time for acting on the complaint will be extended. If the Division
provides such notice to the interested parties, the Division shall act upon the
complaint not later than 180 days after the date on which the complaint is
filed with the Division.

1. Except as otherwise provided in subsection
2, a consumer is eligible for recovery from the account if:

(a) The Division or its designee, after
conducting a hearing on a complaint filed pursuant to the provisions of
subsection 1 of NRS 598.373, finds that the
consumer suffered actual damages as a result of:

(1) Any act of fraud or misrepresentation
by the seller of travel acting in his or her capacity as a seller of travel;

(2) The bankruptcy of the seller of
travel;

(3) The breach of any contract entered
into by the seller of travel in his or her capacity as a seller of travel; or

(4) The violation by the seller of travel
of any provision of NRS 598.305 to 598.395, inclusive; or

(b) The consumer complies with the provisions of
subsection 5 of NRS 598.373 for the recovery of a
judgment from the account.

2. A consumer is not eligible for recovery
from the account if:

(a) The consumer is the spouse of the seller of
travel or is a personal representative of the spouse of the seller of travel;

(b) The consumer was associated in a business
relationship with the seller of travel other than with regard to the travel
services or vacation certificate at issue;

(c) At the time the consumer paid money to the
seller of travel for the purchase of the travel services or vacation certificate
at issue, the seller of travel was not registered with the Division as required
by NRS 598.365; or

(d) The consumer is seeking recovery of losses
which were incurred by the consumer as the result of a cancellation penalty
that:

(1) Was fully disclosed and agreed to by
the consumer at the time the consumer entered into the contract for the
purchase of the travel services or vacation certificate at issue; and

(2) Was imposed against the consumer, in
accordance with the terms of the contract, after the cancellation of the travel
services or vacation certificate at issue.

3. If the Division or its designee finds
that a consumer is eligible for recovery from the account pursuant to this
section, the Division or its designee may pay out of the account:

(a) If the complaint was filed pursuant to
subsection 1 of NRS 598.373, the amount of actual
damages suffered, but not to exceed $10,000; or

(b) If the complaint was filed pursuant to
subsection 5 of NRS 598.373, the amount of actual
damages included in the judgment and remaining unpaid, but not to exceed $10,000.

4. If a consumer has recovered a portion
of his or her losses from sources other than the account, the Division shall
deduct the amount recovered from the other sources from the amount payable upon
the claim and direct the difference to be paid from the account.

5. To the extent that payments are made
from the account to a consumer, the Division is subrogated to the rights of the
consumer. The Division and the Attorney General shall promptly enforce all
subrogation claims.

6. The amount of recovery from the account
based upon claims made against any single seller of travel:

(a) Must not exceed $200,000; and

(b) For any single action of the seller of
travel, must not exceed 20 percent of the balance of the account.

1. Except as otherwise provided in
subsection 8, each seller of travel shall deposit with the Division:

(a) A bond executed by a corporate surety
approved by the Commissioner and licensed to do business in this state;

(b) An irrevocable letter of credit for which the
seller of travel is the obligor, issued by a bank whose deposits are federally
insured; or

(c) A certificate of deposit in a financial
institution which is doing business in this state and which is federally
insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit
may be withdrawn only on the order of the Commissioner, except that the
interest may accrue to the seller of travel.

2. The term of the bond, letter of credit
or certificate of deposit, or any renewal thereof, must be not less than 1
year.

3. The amount of the bond, letter of
credit or certificate of deposit, or any renewal thereof, must be $50,000.

4. If the seller of travel deposits a
bond, the seller of travel shall keep accurate records of the bond and the
payments made on the premium. The records must be open to inspection by the
Division during business hours. The seller of travel shall notify the Division
not later than 30 days before the date of expiration of the bond and provide written
proof of the renewal of the bond to the Division.

5. The Commissioner may reject any bond,
letter of credit or certificate of deposit that fails to comply with the
requirements of this chapter.

6. A seller of travel may change the form
of security that he or she has deposited with the Division. If the seller of
travel changes the form of the security, the Commissioner may retain for not
more than 1 year any portion of the security previously deposited by the seller
of travel as security for claims arising during the time the previous security
was in effect.

7. If the amount of the deposited security
falls below the amount required by this chapter for that security, the seller
of travel shall be deemed not to be registered as required by NRS 598.365 for the purposes of this chapter.

8. The provisions of this section do not
apply to a seller of travel who:

(a) Is accredited by and appointed as an agent of
the Airlines Reporting Corporation; or

(b) Maintains a trust account in accordance with
the provisions of NRS 598.361.

NRS 598.385Rights and remedies of injured consumers; resolution by Division
of claims against security; regulations. [Effective July 1, 2015.]

1. The security required to be deposited
by a seller of travel pursuant to NRS 598.375 must
be held in trust for consumers injured as a result of:

(a) Any act of fraud or misrepresentation by the
seller of travel acting in his or her capacity as a seller of travel;

(b) The bankruptcy of the seller of travel; or

(c) The breach of any contract entered into by
the seller of travel in his or her capacity as a seller of travel.

2. A consumer so injured may bring and
maintain an action in any court of competent jurisdiction to recover against
the security.

3. The Division may bring an action for
interpleader against all claimants upon the security. If the Division brings
such an action, the Division shall publish notice of the action at least once
each week for 2 weeks in a newspaper of general circulation in the county in
which the seller of travel has its principal place of business. The Division
may deduct its costs of the action, including the costs of the publication of
the notice, from the amount of the security. All claims against the security
have equal priority. If the security is insufficient to pay all the claims in
full, the claims must be paid pro rata. If the seller of travel has posted a
bond with the Division, the surety is then relieved of all liability under the
bond.

4. The Division may, in lieu of bringing
an action for interpleader pursuant to subsection 3, conduct a hearing to
determine the distribution of the security to claimants. The Division shall
adopt regulations to provide for adequate notice and the conduct of the
hearing. If the seller of travel has posted a bond with the Division, distribution
pursuant to this subsection relieves the surety of all liability under the
bond.

5. If the security is sufficient to pay
all claims against the security in full, the Division may deduct from the
amount of the security, the cost of any investigation or hearing it conducted
to determine the distribution of the security.

NRS 598.395Release of security if seller ceases to operate or registration
expires. [Effective July 1, 2015.]

1. If no claims have been filed against
the security deposited with the Division pursuant to NRS
598.375 within 6 months after the seller of travel ceases to operate or his
or her registration expires, whichever occurs later, the Commissioner shall
release the security to the seller of travel and shall not audit any claims
filed against the security thereafter by consumers.

2. If one or more claims have been filed
against the security within 6 months after the seller of travel ceases to
operate or his or her registration expires, whichever occurs later, the
proceeds must not be released to the seller of travel or distributed to any
consumer earlier than 1 year after the seller of travel ceases to operate or
his or her registration expires, whichever occurs later.

3. For the purposes of this section, the
Commissioner shall determine the date on which a seller of travel ceases to
operate.

NRS 598.405Definitions. [Effective July 1, 2015.]As
used in NRS 598.405 to 598.525,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 598.416 to 598.465,
inclusive, have the meanings ascribed to them in those sections.

NRS 598.416“Advertise” and “advertisement” defined. [Effective July 1,
2015.]“Advertise” and
“advertisement” mean the attempt by publication, dissemination, solicitation or
circulation to induce, directly or indirectly, any person to take a sightseeing
tour.

NRS 598.455“Tour broker” defined. [Effective July 1, 2015.]“Tour broker” means a person who, in this
state, advertises a sightseeing tour for a tour operator and collects money
from customers for a sightseeing tour.

NRS 598.471Tour broker and tour operator to register, pay fee and, if
applicable, deposit security before advertising services or conducting business
in this State; certificate of registration; renewal of certificate. [Effective
July 1, 2015.]

1. Before advertising its services or
conducting business in this State, a tour broker or tour operator must register
with the Division by:

(a) Submitting to the Division an application for
registration on a form prescribed by the Division;

(b) Paying to the Division a fee of $25; and

(c) If the tour broker or tour operator is
subject to the provisions of NRS 598.495,
depositing the security required by NRS 598.495
with the Division.

2. The Division shall issue a certificate
of registration to the tour broker or tour operator upon receipt of:

(a) The security in the proper form as required
by NRS 598.495, if the tour broker or tour operator
is subject to the provisions of NRS 598.495; and

(b) The payment of the fee required by subsection
1.

3. A certificate of registration:

(a) Is not transferable or assignable; and

(b) Expires 1 year after it is issued.

4. A tour broker or tour operator must
renew a certificate of registration issued pursuant to this section before the
certificate expires by:

(a) Submitting to the Division an application for
the renewal of the certificate on a form prescribed by the Division; and

1. In each advertisement for a sightseeing
tour, a tour broker and a tour operator shall disclose in a clear and
conspicuous manner the total price a customer is required to pay to take the
sightseeing tour. Unless the inclusion of a fee or tax in the total price would
violate a specific statute of this state or a federal statute or regulation, the
total price must include, without limitation, all fees, taxes and other charges
that a customer for a sightseeing tour is required to pay to take the
sightseeing tour. If a fee or tax cannot be included in the total price because
its inclusion would violate a specific statute of this state or a federal
statute or regulation, the tour broker or tour operator, as applicable, shall
disclose in a clear and conspicuous manner that the fee or tax is not included
in the total price and must be paid in addition to the total price.

2. A tour broker and a tour operator shall
not charge a customer for a sightseeing tour an amount that exceeds the sum of:

(a) The total price for the sightseeing tour
which is disclosed in an advertisement for the sightseeing tour; and

(b) Any fee or tax that is not included in the
total price for the sightseeing tour because its inclusion would violate a
specific statute of this state or a federal statute or regulation.

3. On a billing invoice or receipt given
to a customer for a sightseeing tour, a tour broker and a tour operator shall
provide a clear and conspicuous notice which sets forth the provisions of
subsection 2.

4. If a tour operator issues or causes to
be issued a coupon or other indicia of discount or special promotion, the tour
operator shall honor the coupon or other indicia in good faith unless:

(a) The coupon or other indicia sets forth a date
of expiration that is clearly legible; and

(b) The date of expiration has passed.

5. The failure of a tour broker or tour
operator to comply with a provision of this section constitutes a deceptive
trade practice for the purposes of NRS 598.0903 to
598.0999, inclusive.

6. As used in this section:

(a) “Advertise” or “advertisement” means the
attempt by publication, dissemination, solicitation or circulation to induce,
directly or indirectly, any person to take a sightseeing tour.

(b) “Sightseeing tour” means an excursion that:

(1) Has a duration of 24 hours or less;

(2) Travels to one or more points of
interest; and

(3) Is conducted using one or more means
of motorized conveyance, including, without limitation, an airplane, bus, helicopter,
tour boat or touring raft.

(c) “Tour broker” means a person who, in this
State, advertises a sightseeing tour for a tour operator and collects money
from customers for a sightseeing tour.

(d) “Tour operator” means a person who, in this
State, engages in the business of providing a sightseeing tour to customers.

1. In each advertisement for a sightseeing
tour, a tour broker and a tour operator shall disclose in a clear and
conspicuous manner the total price a customer is required to pay to take the
sightseeing tour. Unless the inclusion of a fee or tax in the total price would
violate a specific statute of this state or a federal statute or regulation,
the total price must include, without limitation, all fees, taxes and other
charges that a customer for a sightseeing tour is required to pay to take the
sightseeing tour. If a fee or tax cannot be included in the total price because
its inclusion would violate a specific statute of this state or a federal
statute or regulation, the tour broker or tour operator, as applicable, shall
disclose in a clear and conspicuous manner that the fee or tax is not included
in the total price and must be paid in addition to the total price.

2. A tour broker and a tour operator shall
not charge a customer for a sightseeing tour an amount that exceeds the sum of:

(a) The total price for the sightseeing tour
which is disclosed in an advertisement for the sightseeing tour; and

(b) Any fee or tax that is not included in the
total price for the sightseeing tour because its inclusion would violate a
specific statute of this state or a federal statute or regulation.

3. On a billing invoice or receipt given
to a customer for a sightseeing tour, a tour broker and a tour operator shall
provide a clear and conspicuous notice which:

(a) Sets forth the provisions of subsection 2;

(b) States that complaints concerning the charges
for a sightseeing tour may be directed to the Division; and

(c) Provides a telephone number for the Division.

4. If a tour operator issues or causes to
be issued a coupon or other indicia of discount or special promotion, the tour
operator shall honor the coupon or other indicia in good faith unless:

(a) The coupon or other indicia sets forth a date
of expiration that is clearly legible; and

(b) The date of expiration has passed.

5. The failure of a tour broker or tour
operator to comply with a provision of this section constitutes a deceptive
trade practice for the purposes of NRS 598.0903 to
598.0999, inclusive.

NRS 598.485Applicability of provisions limited to tour brokers and tour
operators operating in certain counties. [Effective July 1, 2015.]The provisions of NRS
598.495, 598.506 and 598.515
do not apply to a tour broker whose business is confined to advertising, or a
tour operator whose business is confined to advertising and conducting,
sightseeing tours that originate in a county other than a county whose
population is 700,000 or more.

1. Each tour broker and tour operator
shall deposit with the Division:

(a) A bond executed by a corporate surety
approved by the Commissioner and licensed to do business in this state;

(b) An irrevocable letter of credit for which the
tour broker or tour operator is the obligor, issued by a bank whose deposits
are federally insured; or

(c) A certificate of deposit in a financial
institution which is doing business in this state and which is federally
insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit
may be withdrawn only on the order of the Commissioner, except that the
interest may accrue to the tour broker or tour operator.

2. The term of the bond, letter of credit
or certificate of deposit, or any renewal thereof, must be not less than 1
year.

3. The amount of the bond, letter of
credit or certificate of deposit, or any renewal thereof, must be $10,000.

4. If the tour broker or tour operator
deposits a bond, the tour broker or tour operator shall keep accurate records
of the bond and the payments made on the premium. The records must be open to
inspection by the Division during business hours. The tour broker or tour
operator shall notify the Division not later than 30 days before the date of
expiration of the bond and provide written proof of the renewal of the bond to
the Division.

5. The Commissioner may reject any bond,
letter of credit or certificate of deposit that fails to conform to the
requirements of this chapter.

6. A tour broker or tour operator may
change the form of security that he or she has deposited with the Division. If
the tour broker or tour operator changes the form of the security, the
Commissioner may retain for not more than 1 year any portion of the security
previously deposited by the tour broker or tour operator as security for claims
arising during the time the previous security was in effect.

7. If the amount of the bond, letter of
credit or certificate of deposit falls below the amount required by this
section, the tour broker or tour operator shall, within 30 days, increase the
amount of the bond, letter of credit or certificate of deposit to the amount
required by this section.

NRS 598.506Rights and remedies of injured consumers; resolution by Division
of claims against security; regulations. [Effective July 1, 2015.]

1. The security required to be deposited
by a tour broker or tour operator pursuant to NRS
598.495 must be held in trust for consumers injured by:

(a) The bankruptcy of the tour broker or tour
operator; or

(b) The tour broker’s or tour operator’s breach
of any agreement entered into in his or her capacity as a tour broker or tour
operator.

2. A consumer so injured may bring and
maintain an action in any court of competent jurisdiction to recover against
the security.

3. The Division may bring an action for
interpleader against all claimants upon the security. If the Division brings
such an action, the Division shall publish notice of the action at least once
each week for 2 weeks in a newspaper of general circulation in the county in
which the tour broker or tour operator has its principal place of business. The
Division may deduct its costs of the action, including, without limitation, the
costs of the publication of the notice, from the amount of the security. All
claims against the security have equal priority. If the security is
insufficient to pay all the claims in full, the claims must be paid pro rata.
If the tour broker or tour operator has posted a bond with the Division, the
surety is then relieved of all liability under the bond.

4. The Division may, in lieu of bringing
an action for interpleader pursuant to subsection 3, conduct a hearing to
determine the distribution of the security to claimants. The Division shall
adopt regulations to provide for adequate notice and the conduct of the
hearing. If the tour broker or tour operator has posted a bond with the
Division, distribution pursuant to this subsection relieves the surety of all
liability under the bond.

1. If no claims have been filed against
the security deposited with the Division pursuant to NRS
598.495 within 6 months after the tour broker or tour operator ceases to
operate, the Commissioner shall release the security to the tour broker or tour
operator and shall not audit any claims filed against the security thereafter
by consumers.

2. If one or more claims have been filed
against the security within 6 months after the tour broker or tour operator
ceases to operate, the proceeds must not be released to the tour broker or tour
operator or distributed to any consumer earlier than 1 year after the tour
broker or tour operator ceases to operate.

3. For the purposes of this section, the
Commissioner shall determine the date on which a tour broker or tour operator
ceases to operate.

NRS 598.535Definitions.As
used in NRS 598.535 to 598.595,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 598.545, 598.555
and 598.565 have the meanings ascribed to them in
those sections.

NRS 598.565“Grant writing service” defined.“Grant
writing service” means a person who, with respect to obtaining any grant or
other payment, loan or money, advertises, sells, provides or performs, or
represents that he or she can or will sell, provide or perform, any of the
following services in return for the payment of money or other valuable
consideration:

NRS 598.575Applicability.The
provisions of NRS 598.535 to 598.595,
inclusive, do not apply to:

1. A grant writing service which provides
services relating to an affordable housing and community development project
which is financed, in whole or in part, by tax credits for low-income housing,
private activity bonds or money provided by a private entity, government,
governmental agency or political subdivision of a government, including,
without limitation, any money provided pursuant to 12 U.S.C. § 1701q, 26 U.S.C.
§ 42, 42 U.S.C. § 8013 or 42 U.S.C. §§ 12701 et seq.

2. Education and training regarding
procedures for writing, obtaining or managing grants that is provided by an
educational institution which is accredited by an accrediting body that is
recognized by the United States Department of Education.

NRS 598.585Contracts for grant writing services: Requirements; content.A contract between a buyer and a grant writing
service for the purchase of the services of the grant writing service:

1. Must be in writing.

2. Must be signed by the buyer or, if the
transaction is conducted electronically, otherwise acknowledged by the buyer.

3. Must be dated.

4. Must clearly indicate above the
signature or acknowledgment line that the buyer may cancel the contract within
5 days after execution of the contract by giving written notice to the grant
writing service of his or her intent to cancel the contract. If the notice is
mailed, the notice must be postmarked not later than 5 days after the execution
of the contract.

5. Must include a detailed description of
the services to be performed by the grant writing service for the buyer and the
total amount the buyer is obligated to pay for those services.

6. Must include a statement in at least
12-point bold type informing the buyer of his or her right to file a complaint
concerning the grant writing service with the Bureau of Consumer Protection in
the Office of the Attorney General, including the physical address and
telephone number for the Bureau.

CREDIT SERVICE ORGANIZATIONS, ORGANIZATIONS FOR BUYING
GOODS OR SERVICES AT DISCOUNT, DANCE STUDIOS AND HEALTH CLUBS

General Provisions

NRS 598.701Definitions.As
used in NRS 598.701 to 598.736,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 598.706, 598.711
and 598.716 have the meanings ascribed to them in
those sections.

1. Each credit service organization
regulated by the provisions of this chapter shall apply for registration on the
form prescribed by the Division.

2. At the time of application for
registration, the applicant must pay to the Division an administrative fee of
$25 and deposit the required security with the Division.

3. Upon receipt of the security in the
proper form and the payment of the administrative fee required by this section,
the Division shall issue a certificate of registration to the applicant. A
certificate of registration:

(a) Is not transferable or assignable; and

(b) Expires 1 year after it is issued.

4. A registrant must renew a certificate
of registration issued pursuant to this section before the certificate expires
by submitting to the Division an application for the renewal of the certificate
on a form prescribed by the Division.

(a) A bond executed by a corporate surety
approved by the Commissioner and licensed to do business in this state;

(b) An irrevocable letter of credit for which the
registrant is the obligor, issued by a bank whose deposits are federally
insured; or

(c) A certificate of deposit in a financial
institution which is doing business in this state and which is federally
insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit
may be withdrawn only on the order of the Commissioner, except that the
interest may accrue to the registrant.

2. The term of the bond, letter of credit
or certificate of deposit, or any renewal thereof, must be not less than 1
year.

3. If the registrant deposits a bond, the
registrant shall keep accurate records of the bond and the payments made on the
premium. The records must be open to inspection by the Division during business
hours. The registrant shall notify the Division not later than 30 days before
the date of expiration of the bond and provide written proof of the renewal of
the bond to the Division.

4. The Commissioner may reject any bond,
letter of credit or certificate of deposit which fails to conform to the
requirements of this chapter.

5. A registrant may change the form of
security which he or she has deposited with the Division. If the registrant
changes the form of the security, the Commissioner may retain for not more than
1 year any portion of the security previously deposited by the registrant as
security for claims arising during the time the previous security was in
effect.

6. If the amount of the deposited security
falls below the amount required by this chapter for that security, the
registrant shall be deemed not to be registered as required by NRS 598.721 for the purposes of this chapter.

NRS 598.731Rights and remedies of injured consumers; resolution by Division
of claims against security; regulations.

1. The security required to be deposited
by a registrant pursuant to NRS 598.726 must be
held in trust for consumers injured by the bankruptcy of the registrant or the
registrant’s breach of any agreement entered into in his or her capacity as a
registrant.

2. A consumer so injured may bring and
maintain an action in any court of competent jurisdiction to recover against
the security.

3. The Division may bring an action for
interpleader against all claimants upon the security. If the Division brings
such an action, the Division shall publish notice of the action at least once
each week for 2 weeks in a newspaper of general circulation in the county in
which the organization has its principal place of business. The Division may
deduct its costs of the action, including the costs of the publication of the
notice, from the amount of the security. All claims against the security have
equal priority. If the security is insufficient to pay all the claims in full,
the claims must be paid pro rata. If the registrant has posted a bond with the
Division, the surety is then relieved of all liability under the bond.

4. The Division may, in lieu of bringing
an action for interpleader pursuant to subsection 3, conduct a hearing to
determine the distribution of the security to claimants. The Division shall
adopt regulations to provide for adequate notice and the conduct of the
hearing. If the registrant has posted a bond with the Division, distribution
pursuant to this subsection relieves the surety of all liability under the bond.

5. If the security is sufficient to pay
all claims against the security in full, the Division may deduct from the
amount of the security, the cost of any investigation or hearing it conducted
to determine the distribution of the security.

NRS 598.736Release of security if registrant ceases to operate or
registration expires.

1. If no claims have been filed against
the security deposited with the Division pursuant to NRS
598.726 within 6 months after the registrant ceases to operate or his or
her registration expires, whichever occurs later, the Commissioner shall
release the security to the registrant and shall not audit any claims filed
against the security thereafter by consumers.

2. If one or more claims have been filed
against the security within 6 months after the registrant ceases to operate or
his or her registration expires, whichever occurs later, the proceeds must not
be released to the registrant or distributed to any consumer earlier than 1
year after the registrant ceases to operate or his or her registration expires,
whichever occurs later.

3. For the purposes of this section, the
Commissioner shall determine the date on which a registrant ceases to operate.

1. “Buyer” means a natural person who is
solicited to purchase or who purchases the services of an organization which
provides credit services.

2. “Commissioner” means the Commissioner
of Mortgage Lending.

3. “Division” means the Division of
Mortgage Lending of the Department of Business and Industry.

4. “Extension of credit” means the right
to defer payment of debt or to incur debt and defer its payment, offered or
granted primarily for personal, family or household purposes.

5. “Organization”:

(a) Means a person who, with respect to the
extension of credit by others, sells, provides or performs, or represents that
he or she can or will sell, provide or perform, any of the following services,
in return for the payment of money or other valuable consideration:

(1) Improving a buyer’s credit record,
history or rating.

(2) Obtaining an extension of credit for a
buyer.

(3) Providing counseling or assistance to
a person in establishing or effecting a plan for the payment of his or her
indebtedness, unless that counseling or assistance is provided by and is within
the scope of the authorized practice of a provider of debt-management services
registered pursuant to chapter 676A of NRS.

(4) Providing advice or assistance to a
buyer with regard to subparagraph (1) or (2).

(b) Does not include:

(1) A person organized, chartered or
holding a license or authorization certificate to make loans or extensions of
credit pursuant to the laws of this state or the United States who is subject
to regulation and supervision by an officer or agency of this state or the
United States.

(2) A bank, credit union or savings and
loan institution whose deposits or accounts are eligible for insurance by the
Federal Deposit Insurance Corporation, the National Credit Union Share
Insurance Fund or a private insurer approved pursuant to NRS 678.755.

(3) A person licensed as a real estate
broker by this state where the person is acting within the course and scope of
that license, unless the person is rendering those services in the course and
scope of employment by or other affiliation with an organization.

(4) A person licensed to practice law in
this state where the person renders services within the course and scope of his
or her practice as an attorney at law, unless the person is rendering those
services in the course and scope of employment by or other affiliation with an
organization.

(5) A broker-dealer registered with the
Securities and Exchange Commission or the Commodity Futures Trading Commission
where the broker-dealer is acting within the course and scope of such
regulation.

(6) A person registered as a provider of
debt-management services pursuant to chapter
676A of NRS.

(7) A reporting agency.

6. “Reporting agency” means a person who,
for fees, dues or on a cooperative nonprofit basis, regularly engages in whole
or in part in the business of assembling or evaluating information regarding
the credit of or other information regarding consumers to furnish consumer
reports to third parties, regardless of the means or facility of commerce used
to prepare or furnish the consumer reports. The term does not include:

(a) A person solely for the reason that he or she
conveys a decision regarding whether to guarantee a check in response to a
request by a third party;

(b) A person who obtains or creates a consumer
report and provides the report or information contained in it to a subsidiary
or affiliate; or

NRS 598.746Prohibited acts: Receiving money before complete performance;
receiving money for referral to provider of credit; misleading statements;
other fraudulent or deceptive acts.An
organization and its agents, employees and representatives who sell or attempt
to sell the services of the organization, shall not:

1. Charge or receive any money or other
valuable consideration before full and complete performance of the services the
organization has agreed to perform for or on behalf of the buyer.

2. Charge or receive any money or other
valuable consideration solely for referral of the buyer to a retail seller who
will or may extend credit to the buyer, if the credit which is or will be
extended to the buyer is upon substantially the same terms as those available
to the general public.

3. Make, counsel or advise any buyer to
make, any statement which is untrue or misleading and which is known, or which
by the exercise of reasonable care should be known, to be untrue or misleading,
to a consumer credit reporting agency or to any person who has extended credit
to a buyer or to whom a buyer is applying for an extension of credit, with
respect to a buyer’s creditworthiness, credit standing or credit capacity.

4. Make or use any untrue or misleading
representations in the offer or sale of the services of an organization. For
the purposes of this subsection, a “misleading representation” includes a
guarantee that:

(a) The organization is able to remove
information that is adverse to the buyer’s ability to obtain credit from the
buyer’s credit record, history or rating.

(b) The organization is able to obtain an
extension of credit for the buyer regardless of the buyer’s existing credit
record, history or rating.

5. Engage, directly or indirectly, in any
act, practice or course of business which operates or would operate as a fraud
or deception upon any person in connection with the offer or sale of the
services of an organization.

6. Remove, or assist or advise the buyer
to remove from the buyer’s credit record, history or rating, information that
is adverse to the buyer’s ability to obtain credit if the information is
accurate and not obsolete.

7. Create, or assist or advise the buyer
to create a new credit record, history or rating by using a different name,
address, social security number, employee identification number or other
misleading information.

8. Attempt to transfer or assign the organization’s
certificate of registration.

9. Submit a buyer’s dispute to a consumer
credit reporting agency without the buyer’s knowledge.

10. Call, or authorize any other person
who is not the buyer to call a consumer credit reporting agency and portray
himself or herself as the buyer.

NRS 598.752Organization to register and deposit security before advertising
services or conducting business in this State; separate security not required
from salesperson, agent or representative of organization; regulations.

1. Before advertising its services or
conducting business in this State, an organization must register pursuant to NRS 598.721 and deposit security in the amount of
$100,000 with the Division pursuant to NRS 598.726.
The security must be conditioned on compliance by the organization with the
provisions of NRS 598.746 to 598.772,
inclusive, and the terms of its contracts with buyers.

2. If an organization has deposited the
required security, a salesperson, agent or representative of the organization
who sells its services is not required to deposit his or her own separate
security. For the purposes of this subsection, a person is a salesperson, agent
or representative of an organization if:

(a) He or she does business under the same name
as the organization; or

(b) The organization and the issuer of the
security certify in writing that the security covers the salesperson, agent or
representative.

3. The Division shall adopt such
regulations as it deems necessary to carry out the provisions of this section.

1. Before the execution of a contract between
the buyer and an organization or before the receipt by the organization of any
money or other valuable consideration, whichever occurs first, the organization
must provide to the buyer, in writing:

(a) A statement:

(1) That the buyer has a right pursuant to
15 U.S.C. §§ 1681g and 1681h to receive disclosure of all information, except
medical information, in any file on him or her maintained by a consumer credit
reporting agency;

(2) That 15 U.S.C. § 1681j requires that
this disclosure be made free to the buyer if he or she requests it within 30
days after receipt of notice of a denial of credit;

(3) Of the approximate cost to the buyer
of receiving this disclosure when there has not been a denial of credit; and

(4) That the buyer has the right pursuant
to 15 U.S.C. § 1681i to dispute the completeness or accuracy of any item
contained in any file on him or her maintained by any consumer credit reporting
agency.

(b) A detailed description of the services to be
performed by the organization for the buyer and the total amount the buyer will
become obligated to pay for the services.

(c) A statement that the buyer has a right to
proceed against the security deposited with the Division by the organization
under the circumstances and in the manner set forth in NRS
598.731 and 598.736. The statement provided
pursuant to this paragraph must include the name and address of the issuer of
the security.

(d) A statement that the buyer may cancel a
contract for the services of an organization within 5 days after its execution
by written notice mailed or delivered to the organization.

(e) A statement identifying the availability of
any nonprofit association which provides services similar to those offered by
the organization. The statement provided pursuant to this paragraph must
include the association’s telephone number, including the association’s
national toll-free telephone number, if any.

2. The written information provided
pursuant to subsection 1 must be printed in at least 10-point bold type and
must include the following statement or a similar statement approved by the
Division:

RIGHTS
OF CONSUMERS REGARDING CREDIT FILES

PURSUANT
TO STATE AND FEDERAL LAW

You have the right to obtain
a copy of your credit file from a consumer credit reporting agency. There is no
fee if, within the past 30 days, you have been turned down for credit,
employment or insurance because of information in your credit report. The
consumer credit reporting agency is obligated to provide someone to help you
interpret the information in your credit file.

You have a right to dispute
inaccurate information by contacting the consumer credit reporting agency
directly. However, neither you nor any credit service organization has the
right to have accurate, current and verifiable information removed from your
credit report. Generally, under the Fair Credit Reporting Act, the consumer
credit reporting agency is obligated to remove accurate, negative information
from your report only if it is more than 7 years old and bankruptcy information
can be reported for 10 years. If you have notified a credit reporting agency
that you dispute the accuracy of information in your credit file, the consumer
credit reporting agency is obligated to make an investigation and modify or
remove inaccurate information. The consumer credit reporting agency may not
charge a fee for this service. Any relevant information and copies of all
documents you have concerning the disputed information should be given to the
consumer credit reporting agency. If the investigation does not resolve the
dispute to your satisfaction, you may send a brief statement to the consumer
credit reporting agency to keep in your credit file, explaining why you think
the information in the credit file is inaccurate. The consumer credit reporting
agency is obligated to include your statement or a summary of your statement
about disputed information in any report it issues about you.

RIGHTS
OF CONSUMERS REGARDING

CANCELLATION
OF A CONTRACT

You have a right to give
written notice of your intent to cancel a contract with a credit service
organization for any reason within 5 working days from the date you signed it.
If for any reason you do cancel a contract during this time, you do not owe any
money. You have a right to sue a credit service organization if it misleads
you.

3. The organization shall retain a copy of
the written information it provides pursuant to the requirements of subsections
1 and 2 for not less than 2 years.

NRS 598.762Requirements of contract for purchase of services; copy of
contract must be retained by organization.

1. A contract between a buyer and an
organization for the purchase of the services of the organization:

(a) Must be in writing;

(b) Must be signed by the buyer;

(c) Must be dated; and

(d) Must clearly indicate above the signature
line that the buyer may cancel the contract within 5 days after its execution
by giving written notice to the organization of his or her intent to cancel the
contract. If the notice is mailed, it must be postmarked not later than 5 days
after the execution of the contract.

2. A copy of each contract executed by a
buyer and an organization must be retained by the organization for not less than
2 years.

NRS 598.767Organization to maintain registered agent for service of legal
process.An organization shall
file with the Division the information required pursuant to NRS 77.310 and continuously maintain a
registered agent for service of legal process.

1. Any waiver by a buyer of the provisions
of NRS 598.746 to 598.777,
inclusive, is contrary to public policy and is void and unenforceable. Any
attempt by an organization to have a buyer waive rights given by NRS 598.746 to 598.777,
inclusive, is unlawful.

2. In any proceeding involving NRS 598.741 to 598.787,
inclusive, the burden of proving an exemption or an exception from a definition
is upon the person claiming it.

NRS 598.777Buyer’s action for recovery of damages or injunctive relief;
attorney’s fees; punitive damages.A
buyer injured by a violation of NRS 598.746 to 598.772, inclusive, or by a breach by an organization
of a contract subject to those sections, may bring an action for recovery of
damages, for injunctive relief or for both recovery of damages and injunctive
relief. Judgment for damages must be entered for actual damages, but in no case
less than the amount paid by the buyer to the organization, plus reasonable
attorney’s fees and costs. If the court deems it proper, the court may award
punitive damages.

1. The provisions of NRS 598.746 to 598.777,
inclusive, are not exclusive and do not relieve the parties or the contracts
subject thereto from compliance with any other applicable provision of law.

2. The remedies provided in NRS 598.772 and 598.777
for violation of any provision of NRS 598.746 to 598.772, inclusive, are in addition to any other
procedures or remedies for any violation or conduct provided for in any other
law.

3. “Buyer” means a person who purchases by
contract a membership in an organization for buying goods or services at a
discount.

4. “Franchise” has the meaning ascribed to
it in 16 C.F.R. § 436.2, as amended or substituted in revision by the Federal
Trade Commission.

5. “Organization for buying goods or
services at a discount” or “organization” means a person who, for a
consideration, provides or claims to provide a buyer with the ability to
purchase goods or services at a price which is represented to be lower than the
price generally charged in the area. The term includes, without limitation, an
affiliate organization.

6. “Parent business entity” or “parent”
means any business entity that, directly or indirectly, has owned, operated,
controlled or granted franchises to, in any combination thereof, at least 15
organizations or affiliate organizations for a consecutive period of 5 years or
more.

7. “Subsidiary” means an organization for
buying goods or services at a discount that is owned, operated or controlled,
either directly or indirectly or in whole or in part, by a parent business
entity.

3. “Buyer” means a person who purchases by
contract a membership in an organization for buying goods or services at a
discount.

4. “Commissioner” means the Commissioner
of the Consumer Affairs Division.

5. “Division” means the Consumer Affairs
Division of the Department of Business and Industry.

6. “Franchise” has the meaning ascribed to
it in 16 C.F.R. § 436.2, as amended or substituted in revision by the Federal
Trade Commission.

7. “Organization for buying goods or
services at a discount” or “organization” means a person who, for a
consideration, provides or claims to provide a buyer with the ability to
purchase goods or services at a price which is represented to be lower than the
price generally charged in the area. The term includes, without limitation, an
affiliate organization.

8. “Parent business entity” or “parent”
means any business entity that, directly or indirectly, has owned, operated,
controlled or granted franchises to, in any combination thereof, at least 15
organizations or affiliate organizations for a consecutive period of 5 years or
more.

9. “Registrant” means an organization for
buying goods or services at a discount which is required to register and post
security with the Division pursuant to the provisions of NRS
598.840 to 598.930, inclusive.

10. “Subsidiary” means an organization for
buying goods or services at a discount that is owned, operated or controlled,
either directly or indirectly or in whole or in part, by a parent business
entity.

NRS 598.851Organization to register and post security before advertising
services or conducting business in this State. [Effective July 1, 2015.]Before advertising its services or conducting
business in this State, an organization for buying goods or services at a
discount must register pursuant to NRS 598.721 and
post security in the amount of $50,000 with the Consumer Affairs Division
pursuant to NRS 598.726. The security must be
conditioned on compliance by the organization with the provisions of NRS 598.840 to 598.930,
inclusive, the terms of the buyer’s contract for membership in the organization
and the terms of any contract with the buyer for the purchase of goods or
services.

NRS 598.852Organization to register on prescribed form and pay fee;
certificate of registration; renewal of certificate. [Effective July 1, 2015.]

1. Each organization for buying goods or
services at a discount regulated by the provisions of NRS
598.840 to 598.930, inclusive, shall apply for
registration on the form prescribed by the Division.

2. At the time of application for
registration, the applicant must pay to the Division an administrative fee of
$25 and deposit the required security with the Division.

3. Upon receipt of the security in the
proper form and the payment of the administrative fee required by this section,
the Division shall issue a certificate of registration to the applicant. A
certificate of registration:

(a) Is not transferable or assignable; and

(b) Expires 1 year after it is issued.

4. A registrant must renew a certificate
of registration issued pursuant to this section before the certificate expires
by submitting to the Division an application for the renewal of the certificate
on a form prescribed by the Division.

(a) A bond executed by a corporate surety
approved by the Commissioner and licensed to do business in this State;

(b) An irrevocable letter of credit for which the
registrant is the obligor, issued by a bank whose deposits are federally
insured; or

(c) A certificate of deposit in a financial
institution which is doing business in this State and which is federally
insured or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit
may be withdrawn only on the order of the Commissioner, except that the
interest may accrue to the registrant.

2. The term of the bond, letter of credit
or certificate of deposit, or any renewal thereof, must be not less than 1
year.

3. If the registrant deposits a bond, the
registrant shall keep accurate records of the bond and the payments made on the
premium. The records must be open to inspection by the Division during business
hours. The registrant shall notify the Division not later than 30 days before the
date of expiration of the bond and provide written proof of the renewal of the
bond to the Division.

4. The Commissioner may reject any bond,
letter of credit or certificate of deposit which fails to conform to the
requirements of NRS 598.840 to 598.930, inclusive.

5. A registrant may change the form of
security which he or she has deposited with the Division. If the registrant
changes the form of the security, the Commissioner may retain for not more than
1 year any portion of the security previously deposited by the registrant as
security for claims arising during the time the previous security was in
effect.

6. If the amount of the deposited security
falls below the amount required by NRS 598.840 to 598.930, inclusive, for that security, the registrant
shall be deemed not to be registered as required by NRS
598.852 for the purposes of NRS 598.840 to 598.930, inclusive.

NRS 598.854Rights and remedies of injured consumers; resolution by Division
of claims against security; regulations. [Effective July 1, 2015.]

1. The security required to be deposited
by a registrant pursuant to NRS 598.853 must be
held in trust for consumers injured by the bankruptcy of the registrant or the
registrant’s breach of any agreement entered into in his or her capacity as a registrant.

2. A consumer so injured may bring and
maintain an action in any court of competent jurisdiction to recover against
the security.

3. The Division may bring an action for
interpleader against all claimants upon the security. If the Division brings
such an action, the Division shall publish notice of the action at least once
each week for 2 weeks in a newspaper of general circulation in the county in
which the organization has its principal place of business. The Division may
deduct its costs of the action, including the costs of the publication of the
notice, from the amount of the security. All claims against the security have
equal priority. If the security is insufficient to pay all the claims in full,
the claims must be paid pro rata. If the registrant has posted a bond with the
Division, the surety is then relieved of all liability under the bond.

4. The Division may, in lieu of bringing
an action for interpleader pursuant to subsection 3, conduct a hearing to
determine the distribution of the security to claimants. The Division shall
adopt regulations to provide for adequate notice and the conduct of the
hearing. If the registrant has posted a bond with the Division, distribution
pursuant to this subsection relieves the surety of all liability under the
bond.

5. If the security is sufficient to pay
all claims against the security in full, the Division may deduct from the
amount of the security, the cost of any investigation or hearing it conducted
to determine the distribution of the security.

NRS 598.8541Release of security if registrant ceases to operate or
registration expires. [Effective July 1, 2015.]

1. If no claims have been filed against
the security deposited with the Division pursuant to NRS
598.853 within 6 months after the registrant ceases to operate or his or
her registration expires, whichever occurs later, the Commissioner shall
release the security to the registrant and shall not audit any claims filed
against the security thereafter by consumers.

2. If one or more claims have been filed
against the security within 6 months after the registrant ceases to operate or
his or her registration expires, whichever occurs later, the proceeds must not
be released to the registrant or distributed to any consumer earlier than 1
year after the registrant ceases to operate or his or her registration expires,
whichever occurs later.

3. For the purposes of this section, the
Commissioner shall determine the date on which a registrant ceases to operate.

1. Before the organization receives any
money from any buyer pursuant to a contract for membership in the organization,
it shall establish a trust account for payments on contracts at a financial
institution that is federally insured or insured by a private insurer approved
pursuant to NRS 678.755. Each payment
from a buyer for his or her contract for membership, except for $50 of the
first payment, must be deposited in the trust account.

2. Except as otherwise provided in
subsection 3, during each quarter of the term of a buyer’s contract or each 6
months, whichever period is shorter, the trustee shall withdraw one-quarter of
the buyer’s payments under the contract from the trust account and pay the
amount to the organization.

3. If an affiliate organization obtains
the express consent of its parent and the parent posts the security required by
subsection 4, the affiliate organization may:

(a) Authorize the parent to serve as the trustee
pursuant to NRS 598.865 for the trust accounts
required by this section and NRS 598.860; and

(b) Authorize the trustee to make the following
withdrawals from the trust account required by this section:

(1) During the first quarter of the term
of a buyer’s contract or the first 6 months, whichever period is shorter, the
trustee shall withdraw not more than one-half of the buyer’s payments under the
contract from the trust account and pay the amount to the affiliate
organization; and

(2) During the second quarter of the term
of the buyer’s contract or the second 6 months, whichever period is shorter,
the trustee shall withdraw the remaining balance of the buyer’s payments under
the contract from the trust account and pay the amount to the affiliate
organization.

4. Before a trustee may withdraw money
from a trust account pursuant to subsection 3, the parent must post security in
the amount of $250,000 with the Consumer Affairs Division pursuant to NRS 598.726. The security posted by the parent:

(a) Provides coverage for all of the parent’s
affiliate organizations that are authorized to act pursuant to subsection 3;

(b) Must be conditioned on compliance by such an
affiliate organization with the provisions of NRS
598.840 to 598.930, inclusive, the terms of the
buyer’s contract for membership in the affiliate organization and the terms of
any contract with the buyer for the purchase of goods or services; and

(c) May be used to pay a claim against such an
affiliate organization only if the security posted by the affiliate
organization pursuant to NRS 598.851 has been
exhausted.

5. If the organization sells, transfers or
assigns the contract with the buyer to a third party, and the third party gives
reasonable consideration for the contract, the organization shall deposit the
consideration in the trust account. If the third party does not give reasonable
consideration for the contract, the organization shall deposit all payments on
the contract from the buyer in the organization’s trust account for payments on
the contract.

1. Before the organization accepts money
from any buyer for an order of goods or services, it shall establish a trust
account for the deposit of payments on goods or services. The organization
shall deposit all money received from each buyer for goods or services,
including charges for freight, delivery, installation or taxes or other
charges, unless the total cost is $50 or less in the trust account. The trust
account must be for the benefit of buyers who order goods or services from the
organization.

2. The trustee may withdraw money from the
trust account for payments on goods or services to pay the source of the goods
or services ordered by the buyer, or to make a refund to the buyer. After such
withdrawal, the trustee may withdraw that percentage of the remainder of the
deposit from the buyer which represents the organization’s profit.

1. Except as otherwise provided in
subsection 3 of NRS 598.855, the trust accounts
required by NRS 598.855 and 598.860
must be administered by an independent trustee approved by the Commissioner.
All fees charged by the trustee to administer a trust account must be paid by
the organization.

2. The trustee shall withdraw money from
the trust account for payments on goods or services only upon written proof
from the source of the goods or services that the items have been shipped or
delivered to the buyer. The Commissioner may audit the trustee as necessary to
ensure compliance with NRS 598.840 to 598.930, inclusive.

NRS 598.870Disclosure of information to buyer required before buyer signs
contract or application for membership.Each
organization, before the prospective buyer signs a contract or application for
membership in the organization, shall give to the buyer in writing:

1. A description of the exact nature of
the services it provides, specifying the general categories of goods which are
available at the organization’s place of business or warehouse, those
categories of goods which must be ordered or obtained through stores to which
the organization refers the buyer and those categories of goods which must be
ordered or obtained through the mail.

2. A list, current within 60 days
immediately preceding the signing of the contract, of at least 100 items which
are sold by or through the organization or available to a buyer, identified by
the name of the brand, model and total price including a reasonable estimate of
charges for freight, delivery and installation, the organization’s markup and a
reasonable estimate of any other charges the organization imposes. The items
must be reasonably representative of the type of goods available. In lieu of
providing such a list, the organization shall give to the buyer, in writing, a
list of at least 100 items which were purchased by its members through the
discount buying organization during the preceding 60 days. The list must
identify the items by the name of the brand, model and total selling price
including charges for freight, delivery and installation, the organization’s
markup, and any other charges imposed by the discount buying organization, and
must be representative as to the type of goods sold and the prices charged for
the goods listed as sold during that period. If the number of different items
available through an organization is less than 100, it may furnish a list of
the total items available, containing the same information as the previous
lists, with a statement that those are the only goods available. Any list
required by this subsection must state the date on which it was prepared.

3. A statement of the organization’s
policy with respect to warranties or guarantees on goods ordered, and the
policy with respect to the return of ordered goods, cancellation of orders by
the buyer and refunds for cancellation or return.

4. A description of any charges, such as
charges for freight, delivery and installation, the seller’s markup and any
other charges which are incidental to the purchase of goods and which are to be
paid by the buyer. A disclosure of specific costs must also be made on each
order placed through the organization.

5. A statement whether any stockholder,
director, officer, general or limited partner of the discount buying
organization:

(a) Has been convicted of a felony or misdemeanor
or pleaded nolo contendere to a felony or misdemeanor charge, if it involved
fraud, embezzlement, misappropriation of property or a violation of NRS 598.840 to 598.930,
inclusive;

(b) Has been held liable in a civil action by
final judgment or consented to the entry of a stipulated judgment if the civil
action alleged fraud, embezzlement, misappropriation of property, a violation
of NRS 598.840 to 598.930,
inclusive, the use of untrue or misleading representations in an attempt to
sell or dispose of real or personal property, or the use of unfair, unlawful or
deceptive business practices; or

(c) Is subject to a currently effective
injunction or restrictive order relating to any business activity as the result
of an action brought by a governmental agency, and including the name of the
court, the date of the order or injunction and the name of the governmental
agency that filed the action.

NRS 598.885Cancellation of contract by buyer; notice required.The buyer may cancel a contract for membership
in an organization by giving the organization written notice of the
cancellation within 3 business days after he or she receives a copy of the
contract. The notice must be delivered in person or by mail postmarked by
midnight of the third business day. The organization shall return all money
paid by the buyer within 15 days after it receives the notice of cancellation.

NRS 598.895Refund required, if requested, for goods not delivered within 6
weeks.If any goods ordered by the
buyer are not delivered to the buyer or available for pickup by the buyer at a
location within his or her county of residence within 6 weeks after he or she
places the order for the goods or by a date agreed upon at the time of the
order, any money paid by the buyer for the goods must, at his or her request,
be refunded.

NRS 598.900Untrue or misleading statements by organization prohibited;
effect on contract.An
organization shall not make any untrue or misleading representations to the
buyer or in its advertising. A contract for membership in an organization where
any untrue or misleading representation was made to the buyer or the buyer was
made aware of the untrue or misleading representation is void and unenforceable
by the organization.

NRS 598.905Correction of violations.If
an organization does not comply with the provisions of NRS
598.840 to 598.895, inclusive, or 598.905 to 598.930,
inclusive, the buyer may agree in writing, after a full disclosure, to any
correction of the defect if the correction is made within 30 days after he or
she signs the contract for membership in the organization. If the buyer does
not consent, or if the correction is not made within the 30-day period, the
contract is rescinded, and the buyer must be given a full refund.

NRS 598.910Effect of transfer by organization of its obligation to provide
goods or services; circumstances under which buyer may rescind contract.

1. If an organization transfers its
obligation to provide goods or services to a buyer to another organization
which provides substantially fewer goods or services, the buyer may consent to
the transfer in writing after a full disclosure to him or her of the goods and
services to be provided by the new organization. If a buyer does not consent,
his or her contract is rescinded, and he or she must be given a refund pro rata
based on the amount of time he or she was a member of the organization.

2. The buyer may rescind the contract and
the organization shall give him or her a refund pro rata based on the amount of
time he or she was a member of the organization if any of the following
circumstances occur:

(a) Except as otherwise provided in this
paragraph, the organization moves its place of business which is geographically
closest to the buyer’s residence, as indicated in the contract, more than 20
miles farther from the buyer’s residence than it was when the contract for membership
was signed. The provisions of this paragraph do not apply if:

(1) The organization offers the buyer a
substantially equivalent at-home ordering service through at least one other
generally available channel of communication, including, without limitation,
the Internet;

(2) The at-home ordering service offers
the same categories of goods and services provided by the organization at the
time the organization moves its place of business; and

(3) Any goods ordered by the buyer through
the at-home ordering service are shipped, at the election of the buyer, to
either the buyer’s residence, as indicated in the contract, or a freight
receiver within 20 miles of that residence.

(b) Within 6 months after the contract for
membership was signed, the organization stops providing any category of goods
or services represented to the buyer to be available when he or she signed the
contract.

1. A cause of action or a defense of a
buyer against the organization is not extinguished by the transfer, assignment
or sale of the contract for membership in the organization to a third party.

2. In an action by a buyer against an
organization for violation of the provisions of NRS
598.840 to 598.930, inclusive, the court may
award restitution, treble damages, reasonable attorney’s fees and costs. If the
course of action was based on a violation of NRS
598.900, the court may award the buyer $1,000, reasonable attorney’s fees
and costs, or restitution, treble damages, reasonable attorney’s fees and
costs, whichever is greater.

NRS 598.940Definitions.As
used in NRS 598.940 to 598.966,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 598.9403 to 598.9418,
inclusive, have the meanings ascribed to them in those sections.

NRS 598.9417“Pre-sale” defined.“Pre-sale”
means the sale of dance lessons, the use of facilities or other services by a
dance studio or health club before all amenities, facilities or benefits
identified in the contract or sales presentation are available to the buyer.

NRS 598.9418“Registrant” defined. [Effective July 1, 2015.]“Registrant” means a dance studio or a health
club which is required to register and post security with the Division pursuant
to the provisions of NRS 598.940 to 598.966, inclusive.

NRS 598.942Scope.The provisions
of NRS 598.940 to 598.966,
inclusive, apply to contracts for dance lessons, the use of facilities or other
services from a dance studio or health club only if the membership is intended
for use by the buyer or for the buyer and the members of his or her family and:

1. The buyer purchases or becomes
obligated to purchase the dance lessons, use of facilities or other services
for more than 3 months and the dance studio or health club requires the payment
of any fee or dues more than 3 months in advance;

2. The dance studio or health club
requires the payment of a fee for initiation or membership in an amount greater
than $75; or

3. The dance studio or health club accepts
from a buyer more than $100 at any one time for dance lessons, the use of
facilities or other services.

NRS 598.944Registration of dance studio or health club required. [Effective
July 1, 2015.]

1. Each owner of a dance studio or health
club shall register with the Division pursuant to NRS
598.721, listing the full name and address of the studio or club and any
other description of its facilities or activities the Division requires.

2. At least one member of the governing
body of the dance studio or health club must live in the county where the
studio or club is located. He or she is the agent of the studio or club and its
owner for receipt of process served.

NRS 598.946Owner of dance studio or health club to register and deposit
security before advertising services or conducting business in this State:
Amount of security; adjustment of security; exception from requirement to
deposit security. [Effective July 1, 2015.]

1. Except as otherwise provided in
subsection 5, before advertising its services or conducting business in this
State, the owner of a dance studio or a health club must register pursuant to NRS 598.721 and 598.944
and deposit security with the Division pursuant to NRS
598.726. The security must:

(a) Be conditioned on compliance by the owner
with the provisions of NRS 598.940 to 598.966, inclusive, and the terms of the contract with
a buyer; and

(b) Remain on deposit with the Division until the
release of the security is authorized or required pursuant to NRS 598.736, except that the dance studio or health
club may change the form of the security as provided in NRS
598.726.

2. Except as otherwise provided in
subsection 3, the amount of the security to be deposited must be:

(a) Ten thousand dollars, if the dance studio or
health club has less than 400 members;

(b) Fifteen thousand dollars, if the dance studio
or health club has 400 members or more but less than 800 members;

(c) Twenty thousand dollars, if the dance studio
or health club has 800 members or more but less than 1,200 members;

(d) Twenty-five thousand dollars, if the dance
studio or health club has 1,200 members or more but less than 1,500 members;

(e) Thirty-five thousand dollars, if the dance
studio or health club has 1,500 members or more but less than 4,000 members;

(f) Fifty thousand dollars, if the dance studio
or health club has 4,000 members or more but less than 25,000 members; and

(g) Two hundred and fifty thousand dollars, if
the dance studio or health club has 25,000 or more members.

3. If a dance studio or health club
conducts any pre-sale of dance lessons, the use of facilities or other
services, the amount of the security required by this section is $100,000
unless a greater amount is required pursuant to paragraph (g) of subsection 2.

4. A dance studio or health club shall
report to the Division on a quarterly basis the size of its membership and
shall, on the basis of any change in the size of that membership, adjust accordingly
the amount of the security deposited with the Division.

5. If, on October 1, 2001, a dance studio
or health club has not deposited security with the Division pursuant to NRS 598.726 because it was not required to do so
pursuant to this section, the dance studio or health club:

(a) Is not required to deposit security with the
Division pursuant to NRS 598.726; and

(b) Shall obtain a written acknowledgment from
each member and prominently post a notice on its premises stating that no
security for refunds or reimbursement has been deposited with the State of
Nevada.

NRS 598.947Dance studio or health club to register on prescribed form and
pay fee; certificate of registration; renewal of certificate. [Effective July
1, 2015.]

1. Each dance studio and health club
regulated by the provisions of NRS 598.940 to 598.966, inclusive, shall apply for registration on
the form prescribed by the Division.

2. At the time of application for
registration, the applicant must pay to the Division an administrative fee of
$25 and deposit the required security with the Division.

3. Upon receipt of the security in the
proper form and the payment of the administrative fee required by this section,
the Division shall issue a certificate of registration to the applicant. A
certificate of registration:

(a) Is not transferable or assignable; and

(b) Expires 1 year after it is issued.

4. A registrant must renew a certificate
of registration issued pursuant to this section before the certificate expires
by submitting to the Division an application for the renewal of the certificate
on a form prescribed by the Division.

(a) A bond executed by a corporate surety
approved by the Commissioner and licensed to do business in this State;

(b) An irrevocable letter of credit for which the
registrant is the obligor, issued by a bank whose deposits are federally
insured; or

(c) A certificate of deposit in a financial
institution which is doing business in this State and which is federally insured
or insured by a private insurer approved pursuant to NRS 678.755. The certificate of deposit
may be withdrawn only on the order of the Commissioner, except that the
interest may accrue to the registrant.

2. The term of the bond, letter of credit
or certificate of deposit, or any renewal thereof, must be not less than 1
year.

3. If the registrant deposits a bond, the
registrant shall keep accurate records of the bond and the payments made on the
premium. The records must be open to inspection by the Division during business
hours. The registrant shall notify the Division not later than 30 days before
the date of expiration of the bond and provide written proof of the renewal of
the bond to the Division.

4. The Commissioner may reject any bond,
letter of credit or certificate of deposit which fails to conform to the
requirements of NRS 598.940 to 598.966, inclusive.

5. A registrant may change the form of
security which he or she has deposited with the Division. If the registrant
changes the form of the security, the Commissioner may retain for not more than
1 year any portion of the security previously deposited by the registrant as
security for claims arising during the time the previous security was in
effect.

6. If the amount of the deposited security
falls below the amount required by this chapter for that security, the
registrant shall be deemed not to be registered as required by NRS 598.947 for the purposes of NRS
598.940 to 598.966, inclusive.

NRS 598.9474Rights and remedies of injured consumers; resolution by Division
of claims against security; regulations. [Effective July 1, 2015.]

1. The security required to be deposited
by a registrant pursuant to NRS 598.9472 must be
held in trust for consumers injured by the bankruptcy of the registrant or the
registrant’s breach of any agreement entered into in his or her capacity as a
registrant.

2. A consumer so injured may bring and
maintain an action in any court of competent jurisdiction to recover against
the security.

3. The Division may bring an action for
interpleader against all claimants upon the security. If the Division brings
such an action, the Division shall publish notice of the action at least once
each week for 2 weeks in a newspaper of general circulation in the county in
which the organization has its principal place of business. The Division may
deduct its costs of the action, including the costs of the publication of the
notice, from the amount of the security. All claims against the security have
equal priority. If the security is insufficient to pay all the claims in full,
the claims must be paid pro rata. If the registrant has posted a bond with the
Division, the surety is then relieved of all liability under the bond.

4. The Division may, in lieu of bringing
an action for interpleader pursuant to subsection 3, conduct a hearing to
determine the distribution of the security to claimants. The Division shall
adopt regulations to provide for adequate notice and the conduct of the
hearing. If the registrant has posted a bond with the Division, distribution
pursuant to this subsection relieves the surety of all liability under the
bond.

5. If the security is sufficient to pay
all claims against the security in full, the Division may deduct from the
amount of the security, the cost of any investigation or hearing it conducted
to determine the distribution of the security.

NRS 598.9476Release of security if registrant ceases to operate or
registration expires. [Effective July 1, 2015.]

1. If no claims have been filed against
the security deposited with the Division pursuant to NRS
598.9472 within 6 months after the registrant ceases to operate or his or
her registration expires, whichever occurs later, the Commissioner shall
release the security to the registrant and shall not audit any claims filed against
the security thereafter by consumers.

2. If one or more claims have been filed
against the security within 6 months after the registrant ceases to operate or
his or her registration expires, whichever occurs later, the proceeds must not
be released to the registrant or distributed to any consumer earlier than 1
year after the registrant ceases to operate or his or her registration expires,
whichever occurs later.

3. For the purposes of this section, the
Commissioner shall determine the date on which a registrant ceases to operate.

NRS 598.950Cancellation of contract by buyer; notice required.A buyer may cancel a contract for dance
lessons, the use of facilities or other services from a dance studio or health
club within 3 business days after he or she receives a copy of the contract by
notifying the studio or club in writing. The notice must be delivered in person
or by mail postmarked by midnight of the third business day. The studio or club
shall return all money paid by the buyer within 15 days after it receives the
notice of cancellation.

NRS 598.952False or misleading representations by dance studio or health
club prohibited; effect on contract.A
dance studio or health club shall not make any false or misleading
representation to the buyer or in its advertising. A contract for services from
a dance studio or health club is void and unenforceable if any false or
misleading representation was made to the buyer.

NRS 598.954Rights of buyer who becomes disabled during term of contract.If a buyer becomes disabled during the term of
a contract, and a physician confirms in writing to the dance studio or health
club that:

1. The buyer is not physically able to use
the facilities of the studio or club; and

2. The disability will continue for more
than 3 months,

Ê the buyer is
entitled to suspend the contract for the duration of the disability. After he
or she recovers, he or she is entitled to an extension of the contract for a
period equal to the time of the disability. If he or she is permanently
disabled, he or she may cancel the contract and receive a refund pro rata of
the amount paid pursuant to it.

NRS 598.956Rights of buyer upon closure of dance studio or health club;
election of remedies.

1. If a dance studio or health club is
closed for more than 1 month, through no fault of the buyer, he or she is
entitled to:

(a) Extend the contract for a period equal to the
time the studio or club is closed; or

(b) Receive a refund pro rata of the amount paid
pursuant to the contract.

2. If the dance studio or health club is
closed without fault of its owner or management, the election of remedies under
subsection 1 must be made by the studio or club. If the studio or club is
closed because of the fault of its owner or management, the election must be
made by the buyer.

NRS 598.958Rights of buyer when dance studio or health club transfers its
obligations or moves its place of business.

1. If a dance studio or health club
transfers its obligations to provide goods or services to a buyer to another
studio or club that provides substantially fewer goods or services, the buyer
may consent to the transfer in writing after a full disclosure of the goods and
services provided by the new studio or club. If the buyer does not consent, his
or her contract is rescinded and he or she must be given a refund pro rata upon
the amount of time he or she was a member of the dance studio or health club.

2. If a dance studio or health club moves
its place of business that is geographically closest to the residence of the
buyer as set forth in the contract, more than 20 miles farther away from the
residence of the buyer than it was when the contract for services was signed,
the buyer may rescind the contract and the dance studio or health club shall
provide a refund pro rata based upon the amount of time he or she was a member.

NRS 598.960Correction of violations.If
a dance studio or health club does not comply with the provisions of NRS 598.940 to 598.950,
inclusive, or 598.954 to 598.966,
inclusive, the buyer may agree in writing, after a full disclosure, to any
correction of the defect if the correction is made within 30 days after he or
she signs a contract for dance lessons, the use of facilities or other
services. If the buyer does not consent, or if the correction is not made
within the 30-day period, the contract is rescinded and the buyer must be given
a full refund.

NRS 598.968Definitions.As
used in NRS 598.968 to 598.9694,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 598.9682 and 598.9684
have the meanings ascribed to them in those sections.

NRS 598.969Prohibited acts: Changing a customer’s carrier without timely
authorization; failure to provide timely written notices and confirmations;
engaging in other fraudulent or deceptive acts; proposing contract to waive or
authorize violations of the protections of this section.A provider shall not:

1. Make a statement or representation
regarding the provision of a telecommunication service, including, without
limitation, a statement regarding the rates, terms or conditions of a
telecommunication service, that:

(a) Is false, misleading or deceptive; or

(b) Fails to include material information which
makes the statement or representation false, misleading or deceptive.

2. Misrepresent his or her identity.

3. Falsely state to a person that the
person has subscribed or authorized a subscription to or has received a
telecommunication service.

4. Omit, when explaining the terms and
conditions of a subscription to a telecommunication service, a material fact
concerning the subscription.

5. Fail to provide a customer with timely
written notice containing:

(a) A clear and detailed description relating
directly to the services for which the customer is being billed and the amount
the customer is being charged for each service;

(b) All terms and conditions relating directly to
the services provided; and

(c) The name, address and telephone number of the
provider.

6. Fail to honor, within a reasonable
period, a request of a customer to cancel a telecommunication service pursuant
to the terms and conditions for the service.

7. Bill a customer for a telecommunication
service after the customer has cancelled the telecommunication service pursuant
to the terms and conditions of the service.

8. Bill a customer for services that the
provider knows the customer has not authorized, unless the service is required
to be provided by law. The failure of a customer to refuse a proposal from a
provider does not constitute specific authorization.

9. Change a customer’s subscription to a
local exchange carrier or an interexchange carrier unless:

(a) The customer has authorized the change within
the 30 days immediately preceding the date of the change; and

(b) The provider complies with the provisions of
47 U.S.C. § 258, as amended, and the verification procedures set forth in 47
C.F.R. part 64, subpart K, as amended.

10. Fail to provide to a customer who has
authorized the provider to change his or her subscription to a local exchange
carrier or an interexchange carrier a written confirmation of the change within
30 days after the date of the change.

11. Propose or enter into a contract with
a person that purports to:

(a) Waive the protection afforded to the person
by any provision of this section; or

(b) Authorize the provider or an agent, employee,
independent contractor or representative of the provider to violate any
provision of this section.

NRS 598.9691Regulations governing disclosures made by provider to customer.The Public Utilities Commission of Nevada may
adopt regulations governing the disclosures that must be made by a provider to
a customer before the customer may be charged for a telecommunication service.

NRS 598.9692Opportunity to freeze interexchange carrier.A provider who is a local exchange carrier
shall, in a competitively neutral manner, offer to each customer the opportunity
to freeze the interexchange carrier selected by the customer.